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Full text of "Sessional papers of the Dominion of Canada 1906"

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SESSIONAL PAPERS 



A^OLXJIVIE 7 



PART I 



SECOND SESSION OF THE TENTH PARLIAMENT 



OF THE 



DOMINION OF CANADA 



SESSION 1906 




VOLUME XL 




109178b 



5 Edw. VII. 



Alphabetical Index to Sessional Papers. 



A. 1906 



^See also Numerical List, page 5. 

ALPHABETICAL INDEX 

OF THE 



SESSIONAL PAPERS 



OF THE 



PARLIAMENT OF CANADA 



SECOND SESSION, TENTH PARLIAMENT. 1900. 



Accidents and Casualties 159, 190 

Adulteration of Food 14 

Agriculture, Annual Report 15 

Ahearn & Soper 191 

Alberta and Arthabasca Lauds 158 

Alberta .Coal Lands 177 

American Bank Note Co , . . 170 

Anthracite Coal. 47 

Archives, Canadian •. . . 18 

Astronomer, Report of the Chief 2.56 

Auditor General, Annual Report 1 

Aylmer Post Office 97 



Banks, Chartered 6 

Banks, Unpaid Balances in 7 

Bavarian, Wreck c)f the 202a 

Blood Indian Reserve 157 

Bonds and Securities 62 

British Canadian Loan and Investment Co. 51 

British Columbia, Sale of Young Girls in. . . 139 

By-Elections, House of Commons 37 

C 

Caldwell, C. F 177 

Canada Eastern Railwaj' 164 

Canadian Northern Railway Co 188, 188a 

Canadian Pacific Railway : — 

Business with Interior Department 6i 

Lands sold by 52 

Canal Statistics 20a 

Census of Canada, 1901. Third Volume. . .Vol. C. 
Fourth Volume . . . Vol. D. 

Chartered Banks 6 

Chicoutimi Pulp Co 149 

1 



Civil Service: — 

ApiX)intments and Promotions 63 to 636 



Examiners 

Insurance 

List 

Post Office Department 

Superannuations 

Coal Lands 155 197 

Collingwood Dry Dock Co 115 

Colonization Companies 121( 

Contracts for Railway Supplies 70 

Cornwall Canal i82 

Cowie's Dam, N.S. . . 19,5 

Criminal Statistics yj 



D 



Darroch, Alexander 69 

Datum Planes, Pacific Coast 21c 

Davidson, Colonel A. D 130, 130a, 135 

"Der Nordwester" Publishing Co 192 

Dividends LTnpaid in Banks 7 

Dominion Lands. . .25a, 56, .57, 112, 131, 133, 
134, 138, 140, 158, 162, 166, 198, 199, 200, 205 

Dominion Police 50 

Dredging in Ontario gg 

Dredging of the Saguenay 203 

Drugs and Proprietary Medicines 125 



E 



Electric Light, Inspection of 13 

Elgin Mail Contracts I86 

Emerson Customs Officials 176 

Estimates 3 to 5f< 

Experimental Farms \^\ 



5 Edw. VII, 



Alphabetical Index to Sessional Papers. 



A. 1906 



F 

Fisheries, Annual Report 22 

Fish Exports ... 116 

Flour for Penitentiarie-s 65 

Food for Militia 118,118a 

Fi-uit Exports 123-1236 

G 

Ga.s, Inspection (jf 13 

Geographic Board 21a 

Oeological Survey Report 26 

'■Georgian Bay Ship Canal 172 

German Tariff 207 

Germany, Exports to 71 

Giant's Tomb Island 129 

Glace Bay Harbour 104 

Governor General's Warrants 43 

(jrand Trunk Co., Arbitration with 169 

Grand Trunk Pacific Railway : — 

Mining Rights 156 

Report of CoUingwood Schreiber 45a 

Surveys, Quebec and Moncton 83a 

Grazing Leases . 92 

Great Northern Railway 142 

H 

Harbour Commissioners 23 

Hatfield, Charles M 174 

Hay, W. H 68 

High Court of Ontario 59 

Hog Plague 175 

Homestead Entries 84, 91 to 91d 

Homestead Inspectors 81 

Hospital for Trachoma 204 

House of Commons Employees 114, 114a 

Hudson Bay Co 189, lS9a 

I 
Immigration Commissioner, England 144,144a, 163 

Imperial Institute .... 68 

Imperial Intelligence Service 67 

Indian Act 64 

Indian Affairs, Annual Report 27 

Indian Lands 196, 196a 

Indians, Particulars as to 152 

Inland Revenue, Annual Report 12 

Insurance, Abstract 9 

Insurance Act, etc 108-1086 

Insurance, Annual Report 8 

Insurance Commission 38, 66-666 

Intercolonial Railway Accidents 190 

Interior, Annual Report 25 

International Waterways 196 to 19d 

Italian Labourers 126 

J 

James Bay Railway 72 

Japanese Treaty 117 

Judges, Circular to 99 

Judges, Money paid to 58 

Judges, Particulars as to ... 9^a 

Justice, Annual Report 34 



K 

King's Regulations for Militia 184 

Labour, Department of. Annual Reiiort ... 36 

Lake M.anitoba 153 

Lake Ocebe Lighthou.se 94 

Lands in North-West . . .101, 112, 112a,131, 

133, 134, 138, 140, 198, 199, 205 

Leth bridge, Strike in 80 

Library of Parliament, Annual Report. ... 33 

Liddle David 55 

Life Insurance Commission 38, 66 

Life Insurance, Finance Department 165 

Macdonald, R. C 53 

Mail Subsidies 10a 

Manitoba " Free Press "... 192 

Marine, Annual Report 21 

Measures, Inspection of 13 

Mexico Steamboat Service 120 

Militia and Defence, Annual Reiwrt G5 

Militia Regulations 184, 184a 

Miminegash Harbour 173 

Mines, Inspection of 26rt 

Montreal Turnpike Trust 76 

Mounted Police 28, 28a 

Murray Harbour Branch Railway 102 

Mutual Reserve Life Association 105, 168 

N 
National Transcontinental Railwaj'.loto iod, 83, 83a. 

Naturalization of Aliens 86 

Nixon, Joseph Ill 

North Sydney, Harbour Commissioners ... . 167 
North-West Territories : — 

Land Patents 112, 1G2, 200 

Land Sales 101,112, 112a, 131, 133,134, 

138, 140, 198, 199, 205 

Lands Surveyed 166 

Mounted Police 28, 28a 

Sanction to purchase land 1.51 

O 

Ontario High Court 59 

Ottawa Iirprovement Commission 54 

Ottawa Post Office 103 

Over-rulings of Treasury Board 44 



;Pacific Cable Board 67a 

Peel, Mail Contracts in 107 

Penitentiaries, Annual Report 34 

Petawawa Camp 106 

Peterborough Lift-Lock 119, 119a 

Pilot Commissioners 154, 201 

Police, Dominion 50 

Police, North-West Mounted 28, 28a 

Port Bruce Harbour 150 

Port Burwell Harbour 183 

Port Colborne Harbour 109 



2 



5 Edw. VII. 



Alphabetical Index to Sessional Papers. 



A. 1906 



Port Stanley Harbour 171 

Postmaster General, Annual Report 24 

Prince Edward Island : — 

Additional Subsidy 93 

Coffin, David D lU 

Freight Rates 160 

French Village 79 

Hodgson Property 146 

Lands expropriated 143 

McCabe, Joseph 77 

New Steamer 179 

North Lake Post Office 147 

Power, James 77a 

Smith, Sarah 77c 

Stanley Bridge Branch 122 

Wages on Railway 181 

Weeks, W. A 82 

Winter Navigation 178 

Printers, British 73, 100 

Proprietary Mediciqes 125 

Provincial Railways 187 

Provincial Subsidies 96 

Public Accounts, Annual Report . 2 

Public Printing and Stationery 32 

Public Works, Annual Reiwrt 19 

Public Works, Expenditure , 46, 46a 

Q 

Qu'Appelle, Long Lake and Saskatchewan 

Co 1126,112c 

Quarantine in Kent County 175 

Quebec Bridge and Railway Co 74 

R 

Railway Accidents 159, 190 

Railways and Canals, Annual Report 20 

Railway Statistics 206 

Railway Supplies 70 

Riding Mountain Timber Reserve 148 

Rirm, Joseph 107 

Ross Rifle Co 124 

Royal Military College 35a 

Royal North-West Mounted Police 28, 28a 

Rural Mail Delivery 88 

S 

Saguenay, Dredging of the 203 

Saskatchewan Valley Land Co 132 

Secretary of State, Annual Report 29 

Senate Employees 11 46 

Shareholders in Chartered Banks G 

Shipping, List of 216 

Songheea Indians 145 

Sorel Wharf 193 



Spain, Commander 180 

Speaker's Apartments, H. of C 206 

Speers, C. W., Report of 130, 130a 

Steamship Subventions 10a 

St. Mary's River 136 

Supreme Court Order 48 

Surveyor General, Dominion Lands 25a 

Sydney Pilot Commissioners 154, 201 

T 

Tariff Inquiry Commission 49 

Temperance Colonization Society 121, 121a 

Thames River 127 

Thermograph Records HO 

Thorndale Post Office 89 

Tide Levels, Pacific Coast 21c 

Ties Purchased 185 

Timber Lands 39, 90, 113, 199 

Tower, Collapse of 87, 161-1616 

Trachoma, Hospital for 204 

Trade and Commerce, Annual Report 10 

Trade and Na\agation, Annual Report 11 

Transcontinental Railway. ..45 to 45fi, 83, 83a, 194 

Transportation, Royal Commission on 19a 

Treasury Board Over-rulings 44 

Treaty, Great Britain and Japan II7 

Trent Canal 95, 95a, 119, 119a 

Trust Funds of Canada 75 

Unclaimed Balances in Banks 7 

Unforeseen Expenses 40 

United States, Imports and Exports 137 

V 

Vessels, List of 2I6 

Veterinary Director General, Report of. . . . 15a 

Victoria Memorial Museum 128 

W 

Wagner, Philip \^\ 

Walsh, Patrick ' 77J, 

Waterwaj's, International ... \\)l, to 19d 

Weights, Measures, etc •. . 13 

Wharfs, Docks, etc 46^ 46a 

Wharfs Transferred §5 

Winnipeg Printers loO 

Wreck of the Bavarian 202a 

Wrecks in the St. Lawrence . . 202 



Yukon : — 

Indian Reserves 152 

Ordinaucts 60 

Rainfall 17 1 



5 Edw. VII. List of Sessional Papers. A. 1906 



See also Alphabetical Index, page 1. 

LIST OF SESSIONAL PAPERS 

Arranged in Niimerical Order, with their titles at full length ; the Dates when Ordered 
and ivhen presented to the Houses of Parliament ; the Name of the Senator or 
Member who moved for each Sessional Paper, and ivhether it is ordered to he 
Printed or Not Printed. 



CONTENTS OF VOLUME C. 

Fourth Census of Canada, 1901. Third Volume. — Manufactures. Presented 24th April, 1906, by Hon. S. 
A. Fisher Printed for both distribution and sessional papers. 

CONTENTS OF VOLUME D. 

Fourth Census of Canada, 1901. Fourth Volume. —Vital Statistics, School Attendance, Status Dwellings 
and Families, In.stitutions, Churches and Schools, Electoral Districts and Representation. Pre- 
sented 24th April, 1906, by Hon. S. A. Fisher Printed for both distribution and sessional papers. 

CONTENTS OF VOLUME 1. 

(This volume is bound in two parts.) 

1. Report of the Auditor Greneral, for the fiscal year ended 30th June, 1905. Partial report presented 

12th, 14th and 26th March, 1906, by Sir Wilfrid Laurier. 

Printed for both distribution and sessional papers. 

CONTENTS OF VOLUME 2. 

2. Public Accounts of Canada, for the fiscal year ended 30th June, 1905. Presented r2th March, 1906, by 

Sir Wilfrid Laurier Printed for both distribution and sessional papers. 

3< Estimates of the sums required for the services of Canada for the nine months ending 31st March, 
1907. Presented 12th March, 1906, by Sir Wilfrid Laurier. 

Printed for both distribution and sessional papers. 

4. Supplementary Estimates for the year ending 30th June, 1906. Presented 12th March, 1906, by Sir 

Wilfrid Laurier Printed for both distribution and sessional papers. 

4a. Further Supplementary Estimates for the year ending 30th June, 1906. Presented 20th April, 1906, 
by Hon. W. S. Fielding Printed for both distribution and sessional papers. 

46. Further Supplementary Estimates for the year ending 30th June, 1906. Presented 20th June, 1906, 
by Hon. W. S. Fielding Printed for both distribution and sessional papers. 

5. Further Supplementary Estimates for the year ending 30th .Tune, 1906. Presented 24th April, 1906, 

by-Bon. W. S. Fielding Printed for both distribniion and sessional papers. 

5a. Supplementary Estimates for the nine months ending 31st March, 1907. Presented 20th June, 1906, 
by Hon. W. S. Fielding Printed for both distribution and sessional papers. 

6. List of Shareholders in the Chartered Banks of Canada, as on the 31st December, 1905. Presented 

30th April, 1906, by Hon. W. S. Fielding Printed for both distribution and sessional papers. 

5 



5 Edw. VJI, List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME 3. 

7. Report of dividends remaining unpaid, unclaimed balances and unpaid drafts and bills of exchange in 

Chartered Banks of Canada, for five years and upwards, prior to December 31, 1905. Presented 
28th May, 1906, by Hon.'W. S. Fielding Printed for b ith distribution and sessional papers. 

8. Report of the Superintendent of Insurance for the year ended 31st December, 1905. 

Printed for both distribution and sessional papers. 

9. Abstract of Statements of Insurance Companies in Canada, for the year ended 31st December, 1905. 

Presented 23rd April, 1900, by Hon W. S. Fielding. 

Printed for both distribution and sessional papers. 

CONTENTS OF VOLUME 4. 

10. Report of the Department of Trade and Commerce, for the fiscal year ended 30th June, 1905. Pre- 

sented 12th March, 1906, by Hon. W. Paterson. . .Printed for both distribution and sessional papers. 

10a. Mail Subsidies and Steamship Subventions. Supplement to the Report of the Department of Trade 

and Commerce, for the year ended 30th June, 1905. Presented 29 th May, 1906, by Hon. W. 

Paterson Printed for both distribution and sessional papers. 

CONTENTS OF VOLUME 5 

1 1. Tables of the Trade and Navigation of Canada, for the fiscal year ended 30th June, 1905. Presented 

12th March, 1906, by Hon. W. Paterson Printed for both distribution and sessional papers. 

12. Inland Revenues of Canada. Excise, etc., for the fiscal year ended 30th June, 1905. Presented 15th 

March, 1906, by Hon L. P. Brodeur Printed for both distribution, and sessional papers. 

13. Inspection of Weights, Measures, Gas and Electric Light, for the fiscal year ended 30th June, 1905 

Presented 15th March, 1906, by Hon. L. P. Brodeur. 

Printed for both distribution and sessional papers. 

14. Report on Adulteration of Food, for the fiscal year ended 30th June, 190J). Presented 25th April, 

1906, by Hon. W. Templeman Pi inted for both distribution and sessional papers. 

CONTENTS OF VOLUME 6. 

15. Report of the Min ster of Agriculture, for the year ended 31st October, 1905. Presented 10th April, 

1906, Viy Hon. S. A. Fisher Printed for both distribution and sessional papers. 

1 5a. Report of the Veterinary Director General, 1905. . .Printed for both distribution and sessional papers. 

16. Report of the Director and Officers of the Experimental Farms, for the year 190.5. Presented 10th 

April, 1906, by Hon. S. A. Fisher Printed for both distribution and sessional papers. 

17. Criminal Statistics for the year ended 30th September, 190.5. 

Printed for both distribution and sessional papers. 

CONTENTS OF VOLUME 7. 

(This volume is bound in three parts.) 

18. Report on Canadian Archives, 1905. ... Printed for both distribution and sessional papers. 

CONTENTS OF VOLUME 8. 

19. Report of the Mmister of Public Works, for the fiscal year ended 30th June, 1905. Presented 30t 

March, 1900, by Hon. H. R. Emmerson Printed for both distribution and sessional papers. 

19a. Report of the Royal Commission on Transportation. Presented 17th April, 1906, by Hon. C. S. 
Hyman Printed for both distribution and sessional papers. 

196. Report of the Commission on International Waterways. 

Printed for both distribution and sessional papers. 

6 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME 8— Concluded. 

ISr-. (1) Report from the International Waterways Commission on Conditions as to Niagara FalLs, and 
their recommendations in relation thereto. (2) Report of the Commission upon conditions existing 
at Sault Ste. Marie, with rules for the control of the same recommended by the Commission. Pre- 
sented 4tli May, 1906, by Hon. C. S. Hyman. . Printed for both distribution and sessional papers. 

19f?. Second Interim Report of the Canadian Section of the International Waterways Commission. Pre- 
sented 4th May, 1906, by Hon. C. S. Hyman Printed for both distribution and sessional papers. 

20. Annual Report of the Department of Railways and Canals, for the fiscal year ended 30th June, 1905. 

Presented 12th March. 1906, by Hon. H. R. Emmerson. 

Printed for both distribution and s(ssioti.al papers. 

CONTENTS OF VOLUME 9. 

20o!. Canal Statistics for the season of navigation, 1904. Presented 23rd March, 1906, by Sir Frederick 
Borden Printed for both distribution and sessional papers. 

20'j. Railway Statistics of Canada for the year ended 3)th June. 1905. Presented 2oth April, 1906, by 
Hon. H. R. Emmerson Printed for both distribution and sessional papers. 

21. Report of the Department of Marine and Fisheries (Marine), for the fiscal year ended 30th June, 

1905. Presented 9th April, 1906, by Hon. L. P. Brodeur 

Printed for both distribution and sessional papers. 

21a. Sixth Annual Report of the Geographic Board of Canada, containing all decisions to. 

Printed for both distribution and sessional papers. 

216. List of Shipping issued by the Department of Marine and Fisheries, being a list of vessels on the 
registry books of Canada, on the 31st December, 1905. Presented 29th May, 190<i, by Hon. R. 
Lemieux Printed for both distribution and sessional papers. 

CONTENTS OF VOLUME 10. 

21c. Tide Levels and Datum Planes of the Pacific Coast of Canada. Presented 1st May, 1006, by Hon. 
W. S. Fielding Printed for both distribution and sessional papers. 

22. Report of the Department of Marine and Fisheries (Fisheries), for the fiscal year ended 30th June, 

1905. Presented 23rd March, 1906, by Hon. S. A. Fisher. 

Printed for both distribution and scssiomd papers. 

23. Report of the Harbour Commissioners, etc., 1905. . . .Printed for both distribution and sessional papers. 

24. Report of the Postmaster General, for the year ended 30th June. 1905. Presented 14th March, 1906, 

by Hon. A. B. Aylesworth Printed for both distribution and sessional jxipers 

CONTENTS OF VOLUME 11. 

25. Annual Report of the Department of the Interior, for the fiscal year ended 30th June, 1905. Pr. sen- 

ted 28th March, 1906, by Hon. W. Paterson Printed for both distribution and sessional papers. 

25a. Report of the Surveyor General of Dominion Lands for the year ending 30th June, 1905. 

Printed for both distribution and sessional papers. 

256. Report of the Chief Astronomer, for the year ending 30th June, 190.5. 

Printed for both distribution and sessional papers. 

CONTENTS OF VOLUME 12. 

26. Summary Report of the Geological Survey Department for the calendar year 1905. 

Printed lor both distribution and sessioml papers, 

26a. Report on the Inspection of Mines. Printed for both distribution and sessional papers 

27. Annual Report of the Dspartment of Indian Affairs, for the fiscal year ended 30th June, 1905. Pre- 

sented 26th March, 1906, by Hon. F. Oliver Printed for both distribution and sessional papers. 

7 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME 13. 

28. Report of the Royal North-west Mounted Police. ]905. Presented 3rd May, 1906, by Sir Wilfrid 

Laurier Printed for both distribution and sessional paiters. 

28a. Supplementary Report of the Royal North west Mounted Police. Mackenzie River District. 
Presented 5th June, 1906, by Sir Wilfrid Laurier. . Printed for both, distribution and scssiomd papers. 

29. Repoit of the Secretary of State of Canada, for the year ended 31st December, 1905. Presented 30th 

June, 1900, by Hon. W. S. Fielding Printed for both distribution and scsnional papers. 

30. Civil Service List of Canada, 1905. Presented 23rd March, 1906, by Sir Wilfrid Laurier. 

Printed for both distribution and sessional papers. 

31. Report of the Board of Civil Service Examiners, for the year ended 31st December, 1905. Presented 

6th July, 1906, by Sir Wilfrid Laurier Printed for both distribution and sessional papers. 

32. Annual Report of the Department of Public Printing and Stationery, for the year ended the 30th June, 

1905. Presented 25th June, 1906, by Hon. W. S. Fielding. 

Printed for both distribution and sessional papers. 

CONTENTS OF VOLUME 14. 

33. Report of the Joint Librarians of Parliament for the year 1905. Presented Sth March, 1906, by the 

Hon. The Speaker Printed for sessional papers. 

34. Report of the Minister of Justice as to Penitentiaries of Canada, for the year ended 30th June, 1905. 

Presented 22nd March, 1906, by the Hon. C. Fitzijatrick. 

Printed for both distribution and sessional papers. 

35. Report of the M'Jitia Council of Canada, for the year ended 31st December, 1905. Presented 18th 

April. 1906, by Sir Frederick Borden Printed for both distribution and sessional papers. 

35a. Report of the Board of Visitors, Royal Military College, 1906. Presented 10th July, 1906, by Sir 
Wilfrid Laurier Printed for both distribution and sessional papers. 

36. Report of the Department of Labour, for the year ended 30th June, 190.5. Presented 15th March, 

1906, by Hon. A. B. Aylesworth Printed for both distribution and sessional papers. 

37. Return of By-Elections for the House of Commons of Canada, held during the year 1905. Presented 

1st May, 1906, by Sir Wilfrid Laurier Printed for both distribution and sessional papers. 

38. Copy of a Report of a Committee of the Privj^ Council, approved by His Excellency the Governor 

General on the 28th Februaiy, 1906, on the subject of the appointment of a commission to investigate 
with respect to certain matters relating to the bus^iness of life insurance in Canada ; and also copy of 
the commission appointed to conduct an investigation into life insurance matters in Canada. 
Presented 9th March, 1906, by Sir Wilfrid Laurier. 

Printed for both distribution an^ sessional papers. 

39. Return to an order of the House of Commons, dated 17th July, 1905, showing all timber lands sold or 

leased by the department of the interior since 1st July, 1896 ; the description and area of each lot ; 
the applications made therefor ; the notice or advertisement for sale or tender ; the tenders received ; 
the amount of each tender ; the tenders accepted ; the name and address of the person or company 
to whom each lot was sold or leased. Presented 12th March, 1906. — Mr. Foster Not printed. 

40. Statement showing the e.\penditure on account of unforeseen expenses from the 1st July, 1905, to the 

7th March, 1906, in accordance with the Appropriation Act of 1905 Presented 12th March, 1906. 
V>y Sir Wilfrid Laurier Not printed. 

41. Statement of superannuations and retiring allowance!- in the civil service during the year ended 31st 

December, 1905, showing name, rank, salary, service, allowance and cause of retirement of each 
person superannuated or retired, and also whether vacancies filled by promotion or new appointment, 
and salary of any new appointee. Presented 12th March, 1906, by Sir Wilfrid Laurier. .Not printed. 

42. Statement in pursuance of section 17 <jf Civil Service Insurance Act for the year ending 30th June, 

1905. Presented 12th March, 1906, by Sir Wilfrid Laurier '. ^ot printed. 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U— Continued. 

43. Statement of the Governor GeneraFs Warrants issued since the last session of parliament, on account 

of the fiscal year 1905-190(j. Presented 12th March, 1900, by Sir Wilfrid Laurier Not printed. 

44. Return of Treasury Board Overrulings of Auditor General's decisions, session of 1905 to session of 1900. 

Presented 12th March, 1906, by Sir Wilfrid Laurier Not printed. 

45. First annual report of the Board of the National Transcontinental Railway Commissioners for the 

year ending 30th June, 1905. Presented 12th March, 1906, by Hon. H. R. Emmerson. 

Printed for both distribution and sessional papers. 

45a. Report of CoUingwood Schreiber, Esquire, Government Chief Engineer of the Western Division of 
the National Transcontinental Railway, on the progress being made with the surveys and works of 
CO. struction upon the western division of the Grand Trunk Pacific Railsvay (Winnipeg to the Pacific 
coast). Presented 13th March, 1900, by Hon. H. R. Emmerson. 

Printed fcr both distribution and sessioiwl papers, 

45b. Extract from a Repoit of the Committee of the Privy Council approved by the Governor General on 
the 17th April, 1908, respecting the acceptance of the tender of the Dominion Bridge Company for 
the construction of a steel viaduct across Cap Rouge Valley, in District " B," in the vicinity of the 
city of Quebec, in connection with the Trans'continental Railway. Presented 17th April, 1900, by 
Sir Wilfrid Laurier Not printed. 

45c. Extract from a ReiX)rt of the Committee of the Privy Council, approved by the Governor General 
on the 14th April, 1906, respecting the acceptance of the tender of Mr. John D. McArthur, for the 
construction of Distiict " F," from a point designated on the plans of the Transcontinental Railway 
Commissioners, at or near the city of Winnipeg to a point known as Peninsula Crossing, near the 
junction point of the Fort William Branch of the Grand Trunk Pacific Railway, a distance of 
about 245 miles. Presented 17th April, 1900, by Sir Wilfrid Laurier Not printed-. 

45d. Extract from a Report of a Committee of the Privy Council, approved by the Governor General on 
the 14th April, 1906, respecting the acceptance of the tender of Messieurs Hogan & Macdonell for 
the construction of 'District " B," from a point designated on the plans of the Transcontinental 
Railway Commiscioners at the north end of the Quebec Bridge and Railway Company's bridge, in 
the vicinity of the city of Quebec, to a point near La Tuque, a distance of about 150 miles," of the 
National Transcontinental Railway. Presented 17th April, 1906, by Sir Wilfrid Laurier. 

Not printed. 

46. Statement of wharfs, docks, piers and breakwaters constructed by the Department of Public Works 

since 1st July, 1890, with the total cost of each. Presented 13th March, 1906, by Hon. C. S. 
Hyman Printed for sessioncd papers. 

46a. Statement of wharfs, docks and piers constructed by Government, 1890-1905, showing the expendi- 
ture on each such work, for repairs, from date of completion to 30th June, 1905. Presented 13th 
March, 1906, by Hon. C. S. Hyman Printed for sessioncd papers . 

47. Return to an Order of the House of Commons, dated i7th July, 1905, showing the quantities of 

anthracite coal imported into Canada in 1904, from Great Britain or elsewhere, called Scotch anthra- 
cite coal ; the various ports to which the same were brought ; whether any steps were taken to 
ascertain whether the coal so imported was really anthracite, from a commercial or dutiable stand- 
point ; and if any evidence was furnished at the time or times of f uch importation as to the amount 
of carbon contained in such coal. Presented 14th March, 1906. — 3fr. Macdonald (Pictou). 

Not printed. 

48. Copy of General Order No. 88, made by the judges of the Supreme Court of Canada. Presented 14th 

March, 1906, by the Hon. The Speaker Not printed. 

49. Evidence taken before the Commission on the Tariff Inquiry, 1905. Presented 14th March, 1906, by 

Hon. W. Paterson. ' Not printed . 

50. Report of the Commissioner, Dominion Police Force, for the year 1905. Presented 16th March, 1906, 

by Hon. R. Lemieux Not printed . 

9 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U— Continued. 

5 J. Statement of the affairs of the'British Canadian Loan and Investment Company, Limited, for the year 

ended 31st December, 1005. Also, a list of the shareholders on 31st December, 1005, in accordance 

with section 33, chapter 57, of tO Victoria. Presented (Senate) 12th March, 1906, by the Hon. The 

Speaker . . Not printed . 

$ 

52. Eeturn of all lands sold by the Canadian Pacific Railway Company, from the 1st October, 1904, to 

the 1st October, 1905. Presented 19th March, 1906, by Hon. P. Oliver Not printed. 

53. Order in Council of the 6th January, 1906, and Reports of His Honour Judge Myers, on inquiry into 

charges made against R. C. Macdonald, by half-breeds of the United States in connection with 
certain scrip claimed by them. Presented 19th March, 1906, by Hon. F. Oliver Not printed. 

54. Report of the woik of the Ottawa Improvement Commission, from the date of the appointment of the 

Commission, the 21st December, 1899, to the .SOth June, 190.5. Presented 21st March, 1906, by 
Sir Wilfrid Laurier Printed for sessional papers. 

55. Return to an order of the House of Commons, dated 14th March, 1906, for copies of all telegrams, 

reports, recommendations and correspondence in connection with the appointment of David Liddle 
as assistant inspector of weights and measures for the inland division of Windsor, in the province of 
Ontario. Presented 22nd March, 1906. — Mr. Imjram * Not printed. 

56. Return of orders in council which have been published in the British Colnmhia Gazette, between the 

date of last return and 31st December, 1905, in accordance with the provisions of subsection [d) of 
section 38 of the regulations for the survey, administration, disposal and management of Dominion 
lands within the 40-mile railway belt in the province of British Columbia. Presented 22nd March, 
1006, by Hon. F. Oliver Not printed. 

oil. Return of orders in council which have been published in the Canada Gazette between the date of last 
return and 31st December, 1905, in accordance with the provisions of clause 91 of the Dominion 
Lands Act, chapter 54 of the Revised Statutes of Canada. Presented 22nd March, 1906, by Hon . 
F. Oliver Not printed. 

58. Return to an order of the House of Commons, dated 14th March, 1906, showing the several sums of 

money paid to judges, under the provisions of section 13 of an Act respecting the judges of Pro- 
vincial Courts, chapter 138, of the Revised Statutes, as amended by sections 7, 8 and 9, of chapter 
.52, of the Statutes of 1898, from SOth June, 1903, to 20th July, 1905, and under this section and 
amendment, as enacted by section 6 of chapter 31 of the Statutes of 1905, from the said 20th July to 
this date ; with the items in respect of which the said several payments were made, set out and 
showing the payments in respect of the period before and since 20th July, 1905. Presented 23rd 
March, 1906.— il/r. Lennox Not printed. 

59. Rules that have been passed by the judges of the High Court of Justice for Ontario under the provi- 

sions of the Dominion Controverted Elections Act. Presented 23rd March, 1906, by Sir Wilfrid 
Laurier Printed for sessional papers. 

60. Ordinances of the Yukon Territory, passed by the Yukon Council m the year 1905. Presented 23rd 

March, 1906, by Sir Wilfrid Laurier Not printed. 

61. Return (in so far as the Department of the Interior is concerned) of copies of all orders, in council, 

plans, papers and correspondence which are required to bo presented to the House of Commons, 
under a resolution passed on 20th February, 1882, since the date of the last return, under such resolu- 
tion. Presented 23rd March, 1906, by Hon. F. Oliver Not printed. 

62. Detailed statement of all bonds and securities registered in the Department of the Secretary of State 

of Canada, since last Return, 23rd January, 1905, submitted to the Parliament of Canada under 
section 23, chapter 19, of the Revised Statutes of Canada. Presented 23rd March, 1906, by Sir 
Wilfrid Laurier Not printed. 

63. Return of the names and salaries of all persons appointed to or promoted. in the several departments 

of the Civil Service, during the calendar year 1905. Presented 23rd March, 1906, by Sir Wilfrid 

Laurier Not printed. 

10 



5 Edw. Vir. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U—Cmtinued. 

63a. Supplementary return to an order of the House of Commons, dated 13th March, 1905, showing : (I) 
the number of permanent appointments, male and female respectively, made to the civil service 
(inside division) in Ottawa, since 1st July, 1.906 ; (2) the present strength of the civil service in 
Ottawa (inside division) permanent staff, specifying whether male or female ; (3) the number of 
temporary employees, male or female, on the pay-list for the inside division of the civil service at 
Ottawa for January, 1905 ; (4) the number of temporary employees, male or female, appointed 
since 1st July, 1896; (5) in addition to the permanent and temporary clerks at present employed 
in the public service in Ottawa, the number of ai'tisans, labourers, or other workmen employed at 
Ottawa during the month of Januarj', and showing to which department these men are attached. 
Presented 5th April, 1906.— Afr. Sproule . . Not printed. 

63b. Further supplementary return to No. 63a. Presented 6th April, 1906 Not printed. 

64. Return showing remissions of interest made under section 141, as added to the Indian Act by section 8, 

chapter 35, 58-59 Victoria, for the year ended 30th June, 1905. Presented 26th March, 1906, by 
Hon. F. Oliver , Not printed. 

65. Return to an order of the House of Commons, dated 28th March, 1906, for list of name.s of persons 

who were asked to tender, otherwise than by newspaper advertising, for flour supplied at Kingston, 
Dorchester and St. Vincent de Paul Penitentiaries, and copies of tenders received in reply to such 
request for prices. Presented 28th March, 1906. — Mr. Taylor Not printed. 

66. Proceedings of Royal Commission on Insurance, and evidence taken to the 23rd March, instant. 

Presented 28th March, 1906, by Hon. C. Fitzpatrick : Printed for distribution . 

66a. Further proceedings of Royal Commission on Insurance and evidence taken to the 25th April, 
instant, inclusive. Presented 27th April, 1906, by Hon. W. S. Fielding. . .Printed for distribution. 

666. Further proceedings of Royal Commission on Insurance and evidence taken on the 4th June, instant 
inclusive. Presented 6th June, 1906, by Hon W. S. Fielding Printed for distribution. 

67. Return to an address of the House of Commons, dated 21st March, 1906, for copies of all letters and 

documents relating to the establishment of an Imperial Intelligence Service. Presented 28th March, 
1906. —Mr. Belcourt.. Printed for both distribution and sessional papers. 

67a. Return to an address of the Senate, dated 8th May, 1903, of any recent correspondence with the 
Imperial Office, re Pacific Cable Board, and individuals, on the establishment of an improved intel- 
ligence service and a system of empire cables. Presented 29th May, 1906. — Hon. Mr. Ellis. 

Printed for both distribution and sessional papers. 

68. Report of Mr. W. H. Hay on the Imperial Institute. Presented 30th March, 1906, by Hon. S. A. 

Fisher Printed for sessio'nal papers . 

69. Return to an order of the House of Commons, dated 14th March, 1906, for copies of all telegrams, 

letters, petitions, reports, documents, recommendations, investigations, correspondence and all other 
communications concerning the appointment and removal of Mr. Alexander Darioch from the posi. 
tion of collector of customs at St. Thomas, Ontario. Presented 30th March, 1906. — Mr Ingram. 

Not printed. 

70. Return to an order of the House of Commons, dated 14th March, 1906, showing : 1. All contracts 

since 30th June, 1902, between the Governuient and («) the Eastern Railway Supply Company ; (b) 
the New Brunswick Petroleum Company ; (c) the Sherman Williams Paint Company ; (d) the 
Maritime Wire Fencing Company,— for supplies to any of the railways of the Government, 2. The 
tenders upon which such contracts were based, and all tenders made by other parties for such con- 
tracts. 3. All correspondence and communications of the railwaj' department and otticers thereof, 
with the several tenderers and contractors, relating to such tenders or contracts or supplies. Also all 
correspondence and communications between the department and its officers and between such 
officers, relating to such tenders, contracts or supplies. 4. All advertisements, notices, statements* 
accounts, papei-s and vouchers, relating to such contracts, or the supplies, or the payment thereof. 
Presented 2nd April, 1906.— il/r. Barker Not printed. 

71. Return to an order of the House of Commons, dated 28th March, 1906, showing our exports to Ger- 

many for each year from 1896 to 190.5, inclusive, on the following articles : wheat, flour, oats, bacon, 

hams, butter, cheese and apples. Presented 4th April, 1906. — Mr. Armstrong Not printed. 

. 11 



5 Edw. VII. List of Sessional Papers. A. 1906 



. CONTENTS OF VOLUME U— Continued. 

72. Return to an order of -the House of Commons, dated 17th July, 1905, for copies of all correspondence, 

documents, orders, and all papers whatsoever, relating to the proposed deviation of the line of the 
James Bay Railway to the west of Lake Simcoe ; also for copies of the original route, map and 
location of line, as filed in the railway department ; and correspondence and papers concerning the 
same. Presented 4th April, I'Ml—Mr. Grant Not printed. 

73. Return to an address of the House of Commons, dated 2nd April, 1906, for Loi>ies of the correspond- 

ence passed between the Imperial governuient upon the subject of the petition sent of a party of 
British printers, complaining that they were brought to this country under misrepresentation as to 
exising labour conditions in Canada, and for all papers on the subject. Presented 5th April, 1906. — 
Air. Vervillc Not p'inted . 

74. Return to an order of the House of Commons, dated 21st March, 190(5, for a copy of the last financial 

statement and balance sheet of the Quebec Bridge and Railway Company. 2. A list of the directors 
of the company and of its chief officers, and of its shareholders and the amount of shares held by 
each. 3. A statement of the bonds of the company which have been guaranteed by the government, 
and which have been negotiated or are pledged. 4. A statement of^ all moneys paid by the govern- 
ment on account of capital or interest on the said bonds. Presented 5th April, 1906. — Afr. Monk. 

Not printed. 

75. Return to an order of the House of Commons, dated 17th July, 1905, for copies of all correspondence, 

documents, resokitions, and other papers relating to any efforts or proposals to authorize the invest- 
ment of trust funds in the United Kingdom in the securities of any province of Canada, and the 
fulfilment of any necessary conditions to that end. Presented 5th April, 1906. — Mr. Borden 
(Carleton) Not printed . 

76. Return to an order of the House of Commons, dated 21st March, 1906 : 1. Showing the present in- 

debtedness to the Dominion government of the Montreal Turnpike Trust, (a) on capital account (6) 
for arrears of interest. 2. The amounts collected at each toll gate belonging to the said Turnpike 
Trust, during the year ending 31st December, 1905. 3. The amount expended on each section or 
road division under the control of said Trust, during the said vear, ending 31st December, 1905, and 
the contracts given out during the year, with the name of the contractor, the date and amount in- 
volved in each case, the cost of stone supplied, and in each case an indication as to whether tenders 
for such contracts were called for in the public pi-ess. 4. The amount paid out during the said year 
at each toll gate for salaries to day and night keeper, and all other expenditure at each of the toll 
gates maintained. 5. The actual indebtedness in detail of the said Trust outside of its bonds due to 
the government of Canada. 6. A detailed statement of sums paid out during the year outside of 
salaries, road maintenance and rent. Presented 5th April, 1906. — Mr. Monk. . .• Not Printed. 

77. Return to an Order of the House of Commons, dated 19th March, 1906, for copies of all coriespondence 

recommendations, telegrams, petitions, in possession of the Government, or any department or offi- 
cial thereof, with reference to the dismissal of Mr. Joseph McCabe, as postmaster at lona, in Prince 
Edward Island, and the appointment of his successor. Presented 5th April, 1906. — Mr. Martin 
(Queen^s) Not printed. 

77a. Return to an order of the House of Commons, dated 17th July, 1905, for copies of all correspondence, 
documents, orders, and all papers whatsoever, relating to the dismissal of James Power, late post- 
master at Wheatley River, Prince Edward Island, and for the appointment of a successor ; also aU 
correspondence and petitions relating to the re-appointment of the said James Power. Presented 
'.hh ApTi],lim.— Mr. McLean (Queen's) Not printed. 

77h Return to an order of the House of Commons, dated 5th April, 1906, for a copy of all petitions, let- 
ters, correspondence, reports, memoranda, and any other documemts respecting the dismissal of 
Mr. Patrick Walsh from the postmastership of East Roman Valley, in the county of Guysborough, 
Nova Scotia. Presented 1st May, 1906. — /tfr Lancaatcr Not Printed. 

77c. Return to an order of the House of Commons, dated 25th April, 1906, for a copy of all correspondence 
and orders in possession of the government, or any member or official thereof, respecting the dis- 
missal of Mrs. Sarah Smith from the office of postmistress at Mount Buchanan, Prince Edward 
IsJand, and the appointment of Mr. Bishop in her stead. Presented 7th May, 1906.— Mr. McLean 
{Queen's) N'ot printed. 

12 



5 Edw. VI r. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME 1^— Continued. 

77d. Return to an order of the House of Commons, dated 28th May, 1906, for a copy of all correspondence^ 
telegiams and petitions, in possession of the government, or any member or official thereof, in refer- 
ence to the dismissal of David D. Cottin as postmaster at Head of Hillsboro' in Prince Edward 
Island, and the appointment of his successor. Presented 4th June, 1906.— A/r. Martin (Queen's) 

Not printed. 

78. Return to an order of the House of Commons dated 28th March, 1906, for a copy of the report of the 

deputy postmaster general, that an additional first-class clerkship is necessary for the proper per- 
formance of the public busmess in the department, for which clerkship parliament is asked to vote 
money ; also for a copy of the report of the deputy postmaster general, that an additional second- 
class clerkship is necessary for the proper performance of the public business in the department, for 
which clerkship parliament is asked to vote money. Presented 5th April, 1906. — Mr. Barker. 

Not printed. 

79. Return to an order of the House of Commons, dated 19th March, 1906, for copies of all petitions, let- 

ters and correspondence Delating to the change of the location of the post office at French Village, 
Prince Edward Island. Presented 5th April, 1906. — Mr. McLean {Queen's) Not printed. 

80. Return to an address of the House of Commons, dated 2nd April, 1906, for copies of all correspond- 

ence with the government by any parties in Lethbridge, concerning any matters in connection with, 
the Lethbridge coal miners' strike, and the calling out of the mounted police in connection with the 
same. Presented 6th April, 1906. — Mr. Smith (Nanaimo) Not jirinted. 

81. Return to an order of the House of Commons, dated 14th March, 1906, showing the names of all the 

homestead inspectors at present attached to the thirteen agencies throughout Manitoba and the 
Northwest, and a record showing the number of days that each inspector was absent from his regu- 
lar duties, between the 1st of July and the 31st December, 1905, the cause of said absence, and a , 
statement of expenses for each month during that period. Presented oth April, 1906. — Mr. Mc- 
Carthy (Calgary J Not printed^ 

82. Return to an address of the House of Commons, dated 2nd April, 1906, for a copy of the order in coun- 

cil appointing Mr. \V. A. Weeks to investigate certain matters in dispute respecting lands taken by 
the Prince Edward Island Railway, and certain other matters in dispute connected with that rail- 
way ; also a copj' of the evidence and report of the .said W. A. Weeks in the matter. Presented 6th 
April, 1906. — Mr. Martin (Queen's) Not printed. 

83. Return to an order of the House of Commons, dated 14th March, 1906, for copies of all correspond- 

ence had between the government or any department or member thereof, and the Transcontinental 
Construction Commission, in reference to the surveys of location of the route of the Transcontinental 
Railway, in the province of New Brunswick. Presented 6th April, 1906.— Mr. Crocket. .Not printed. 

83a. Return to an order of the House of Conimons, dated 18th April, ■ 1906, for copies of all correspond- 
ence had betweenthe Grand Trunk Pacific Railway Company and the government or any depart- 
ment thereof, and between the Grand Trunk Pacific Railway Company and the Transcontinental 
Railway Commission, in reference to the survey and location of the proposed Transcontinental Rail- 
way between Quebec and Moncton. Presented 1st June, 1906. —Mr Crocket Not printed. 

84. Return to an order of the House of Commons, dated 14th March, 1906, for copies of all forms of appli- 

cation for homestead entries used since the year 1890. Presented 6th April, 1906. — Mr. Ingram. 

Not printed. 

85. Statement showing the wharfs transferred to the department of marine and fisheries since 1896. 

Presented 6th April, 1906, by Hon. L. P. Brodeur ... Not printed. 

86. Return to an order of the House of Commons, dated 19th March, 1906, (a) setting forth the various 

laws in the United Kingdom, and in the various dependencies and colonies of the Empire, with 
respect to the naturalization of aliens ; [b) defining the efifect of naturalization consummated in Great 
Britain, or in the various colonies or dependencies, respectively, when a person so naturalized be- 
comes domiciled thereafter, in any other portion of the Empire ; (c) setting forth any efforts hereto- 
fore made by the government of the United Kingdom, or of anj' colony or dependency, or by any 
body or association, for the purpose of securing uniformity in the naturalization laws throughout 
the Empire. Presented 6th April, 1906. — Mr. Borden {Carleton). 

" Report of iJepartmental Committee " / rinted lor Sessional Papers 
13 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U—Cmtinued. 

87. Copy of a letter addressed to S. G. Curry, Esquire, architect, informing him that, under an order in 

council, a commission will be to-day issued to him jointly with Mr. A. C. Hutchison, architect, of 
Montreal, to hold an investigation and to report upon an accident which occurred on the morning of 
the 5th instant, by the collapse of part of the tower in the west block extension of the departmental 
buildings in this city. Plans and specifications of the said extension accompany the said letter. 
Presented 9th Ajjril, 1906, bj' Hon. C. S. Hyman Not printed . 

88. Return to an order of the House of Commons, dated 6th March, 1905, for copies of all reports, re- 

turns, estimates, correspondence, writings, records, documents, memoranda, or written or printed 
information of any kind in the possession or control of the post office department, in reference to the 
question of establishing rural mail delivery in Canada, or the manner of establishing or conducting 
such service, and the probable cost ; including any information in the possession of the department 
as to the working of the United States system, or such a service or system elsewhere and the annual 
expense and other particulars. Presented 9th April, 1906. — Mr. Lennox. 

Printed for Sessional Papers. 

89. Return to an order of the House of Commons, dated 2nd April, 1906, for a copy of all correspondence, 

letters, telegrams, memorials or other documents, between the post office department, or any official 
thereof, and any person or persons, respecting the removal of the post office in the town of Thorn- 
dale, Ontario, from the place of business of Mr. S. Duffins, to the place of business of Mr. J. Fal- 
coner. Presented 9th April, 1906. — Mr. Elson Not printed. 

90. Return to an order of the House of Commons, dated 19th March, 1906, showing all timber lands sold or 

leased by the department of the interior subsequent to the date of those included in Sessional Paper 
No. 39, brought down to the house on the 12th March, 1906 ; the description and area of such lots, 
the applications made therefor, the notice of advertisement for sale or tender, the tenders received, 
the amount of each tender, the tenders accepted, the name and address of the person or company to 
whom each lot was sold or leased. Presented 9th April, 1906. — Mr. Foster Not printed. 

91. Return to an order of the House of Commons, dated 14th March, 1906, showing: 1. The number of 

homesteaders to make entrj' in and for the territory now included in the provinces of Manitoba, 
Saskatchewan and Alberta, during each year between 1896 and 31st December, 1905. 2. The 
nationality of said homesteaders, dividing sanie into the following categories : (a) British North 
America ; (b) Great Britain and Ireland : (c) the United States ; (d) France, Belgium and Switzer- 
land ; (e) Germany, Holland, Norway, Sweden, Denmai-k and Iceland ; (/) all other countries of 
continental Europe ; {g) all other nationalities ; (h) persons who previously made entry. Presented 
9th April, 1906. — Mr. Wilson {Lennox and Addinyton) Not printed. 

91«. Return tcTan order of the House of Commons, dated 14th March, 1900, showing : 1. The number of 
authorizations granted, under the authority of subsection 3 of article 34 of the Dominion Lands Act, 
for one person to make homestead entry on behalf of another person, during each of the years of 
1901, 1902, 1903, 1904 and 1905. 2. Of the homestead entries made in consequence of said authori 
zations, during each of the years 1901 and 1902 ; how many have resulted in a demand for a patent ; 
how many have been cancelled ; how many stood upon the books of the department of the interior 
on 1st January, 1900, as neither patented nor cancelled. 3. How many of the homesteads entered 
for during 1901 and 1902 on behalf of absent parties by means of powers of attorney, have been 
patented in the name of the person for whom the original entry was made. Presented Uth April, 
1906. Mr. Lake Not printed. 

91fc. Return to an order of the House of Commons, dated 11th March, 1900, showing, in respect of every 
case where, during the year ending 30th June, 1905, and during the six months ending 31st Decem- 
ber, 1905, an extension of time within which to complete his entry, has been accorded any home- 
steader within the territorj' now included in the provinces of Manitoba, Saskatchewan and Alberta ; 
giving : (a) the name of the applicant for said extension ; (b) his ]X)st office address at the time 
of original entry ; (c) the date and agency of original homestead entry ; (d) the location of the 
land in question, indicating township, range and section ; (e) the earliest date at which applicant 
might have become entitled to secure a patent, had all conditions been promptly fulfilled ; (/) post 
office addiess of applicant at time of demand for extension ; (g) the date of demand for extension ; 
(h) the length of extension granted ; [i) the cause of granting extension ; [j] theTname or names 
•of any and all parties who may have communicated with the department for the purpose of recom- 
mending the granting of said extension ; [k) the name of the homestead inspector who reported on 

14 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME l^i— Continued. 

the case, and whether he advised in favour of granting an extension or the contrary ; (I) the name 
and address of any and every person who shall have applied to record a cancellation against said 
section or part thereof. All the above information to be aiTanged according to agencies. Presented 
11th April, 1906.— Mr. Ames Not printed. 

91c. Return to an order of the House of Commons, dated I4th March, 1906, showing : (a) the number 
of land sales, withdrawing even sections from homestead entry, made by the department of the in- 
terior during the year 1904 5, and during the six months ending 31st December, 1905, together with 
the total acreage represented thereby ; {b) the same regarding land sales affecting only odd sec- 
tions ; (c) the same regarding land sales affecting solid blocks of both even and odd sections. Pre- 
sented 23rd April, 1906. — Mr. McCarthy (Calgary) Not printed^ 

91d. Return to an order of the House of Commons, dated 14th March, 1906, showing : 1. The number 
of homestead entries recorded each fiscal year from 1S70 to 1905, and also during the six months end- 
ing 31st December, 1905, for the territory comprised in the present provinces of Manitoba, Saskatche- 
wan and Alberta. 2. The number and percentage of such entries for each year for which patents 
have prior to the 31st December, 1905, been granted, or recommendations made for the issue of 
patents. 3. The number and percentage of such entries for each year that have, prior to the 31st 
December, 1905, been cancelled. 4. The number and percentage of such entries for each year which, 
neither patented or cancelled, remained in an incompleted state on the first of January, 1906. Pre- 
sented 8th June, 1906. — Mr. Lake Not printed. 

92. Return to an order of the House of Commons, dated 14th March, 1906, showing the name and post 

office address of each jjerson or company having a closed grazing lease, granted for a period of more 
than three years, by the department of the interior, of lands in Alberta or Saskatchewan, giving in 
each instance, (a) the location boundaries and area of each tract of land so leased ; (6) the date of 
issue and of expiry of said lease ; (c) the annual i-ental specified therein ; (d) and the amount of 
overdue rental wherever such be the case. Presented 9th April, 1906. — Mr Ames Not printed. 

93. Return to an address of the House of Commons, dated 28th March, 1906, for copies of all correspon- 

dence, telegrams, memoranda, reports and orders in council, in ]X)ssession of the government, or any 
member or official thereof, in connection with the grant of an additional subsidy to the province of 
Prince Edward Island in 1901, of S30,000 a j^ear, and the basis on which the said subsidy was agreed 
to be paid to the province. Presented 10th April, 1906. — Mr. Martin ((fiieen's) Not printed. 

94. Return to an order of the House of Commons, dated 2nd April, 1906, for copies of all correspondence 
and contracts, if any, list of payments to men employed by the department of marine and fisheries 
in construction of Lake Ocebe lighthouse, on the Maganetawan River, district of Parry Sound. Pre- 
sented 10th April, 1906.— iWr. Bennett Not printed. 

95. Return to an addi-ess of the House of Commons, dated 17th April, 1906, for copies of orders in 
council and corresixjndence having reference to the assumption by the department of railways and 
canals of the several dams owned by the Ontario government on the head and subsidiary waters of 
the Trent canal. Presented 17th April, 1906. — Hon. H. R. Emrnerson Not printed. 

95a. Return to an order of the House of Commons, dated 9th April, 1906, showing the progress made 
and sums expended from time to time upon the construction of the Trent canal, giving the dates of 
the various contracts let, the completion of said contracts, the names of contractors on said contracts, 
the amount paid in extras, and the causes of these extras. Presented 26th April, 1906. — Mr. Hughes 
( Victoria) Not printed. 

96. Retium to an address of thp House of Commons, dated 14th March, 1906, for copies of aU correspon- 
dence between the provincial governments on the oubject of the readjustment of provincial subsidies. 
Presented 17th April, 1906. — Mr. Parmelee Printed for both distribution and sessional papers. 

97. Return to an order of the House of Commons, dated 14th March, 1906, for copies of all petitions, re- 
ports, letters, notices, telegrams, correspondence, recommendations, bonds, leases, papers and docu- 
ments in relation to a site and new post office building in the county of Elgin, at Aylmer. Presen- 
ted 17th April, 1906. — Mr. Ingram Not printed. 

98. Return to an order of the House ot Commons, dated 28th March, 1906, showing all amounts paid for 
dredging in the province of Ontario, from the 1st July, 1905, up to the present time ; the place 
where such work was performed ; the names of parties doing such work, and the amount paid there- 
for ; also of any unpaid amounts due or alleged to be due for dredging, showing the amount, the 
parties claiming, and where the work was done. Presented 17th April, 1906. — Mr. Bennett. 

Not printed, 

15 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U— Continued. 

99. Return to an order of the House of Commons, dated 17th April, 1906, for copy of a circular letter, 
dated the 19th March, 1906, addressed to the judges of the various courts throughout the Dominion 
by the deputy minister of justice, embodying the question propounded in the house of commons on 
on the 14th March, 1906, regarding the manner in which the provisions of section 7 of 4 and 5 Ed- 
ward VII, cap. 31, are being oVjserved, and the answer given thereto on behalf of the government 
by the minister of justice. Presented 17th April, 1906. — Hon. C. Fitzpatrick Not printed. 

99a. Return to an order of the House of Commons, dated 28th jVlarch, 1906, showing, (a) the number of judges 
whose salaries are paid out of the consolidated revenue of Canada; (h) the name and residence of 
each judge; (c) the amount of salary and expenses paid to each judge; (d) the area of the judicial 
district in which such judge exercises jurisdiction, and in the case of local, district, and county judges, 
the population of the district ; (e) the number of cases tried bj' each judge in each year since the 1st 
January, 1901; (/) the number of motions, petitions, &c., disposed of by each judge during each 
year, at chambers or in a i-ummary manner; ((/) the number of days during which each judge was 
actually engaged in the performance of judicial duties ; (h) the number of days during which each 
judge was engaged in any occupation, business or matter other than the performance of his judicial 
duties. Presented 17th April, 1906. — Mr. Le-inox Jfot printed, 

100. Return to an order of the House of Commons, dated 9th April, 1906, for a copy of the report made 
by the deputy minister of labour, on the result of his investigation into the complaints of the Win- 
nipeg printers, and any papeis, showing what action, if any, has been taken by the government on 
his report. Presented 17th April, 1906.— A/ r. Vervi'Je Not printed. 

101. Return to an order of the House of Commons, dated 2Sth March, 1906, showing what land sales 
have been made in blocks or area of more than one-half section, during the years WO'S, 1904 and 1905, in 
Manitoba, the Territories, including the new provinces of Alberta and Saskatchewan, and British 
Columbia ; to whom the same were sold in each instance ; the price per acre, and the date of sale in 
each instance. Presented 17th April, 1906. — Mr. Sproule Not printed 

102. Return to an order of the House of Commons, dated 13th March, 1905 : 1. For copies of all adver 
tisements, tenders, contracts, plans, specifications and papers, relating to the construction of the 
several sections of the ]Murray Harbour Branch Railway. 2. Of the several articles of rolling stock 
referred to at page 2186 of Hansard of 28th April, 1904, supplied f>n capital account to the aforesaid 
railway in each of the years there mentioned ; with the prices at which each article was charged to 
capital. 3. The names of the companies, persons or railways from which each such article was 
acquired, and the price therefor ; stating if the article was new or second-hand. 4. The use to 
whicli each such article was applied when acquired, what compensation was received for such use, 
from whohi, and how the proceeds were applied. 5. Where each such article of rolling stock is now, 
in whose use, and on what terms. Presented 17th April, 1906. — Mr. Barker Not printed. 

103. Report of an inquiry into certain matters counectei wi:h the construction of the Ottawa post office. 
. Presented 18th April, 1906, by Hon. C. S. Hyman Not printed. 

104. Return to an order of the House of Commons, dated 21st March, 1906, for copies of the contract, to- 
gether with plans and specifications, between the government and the Dominion Coal Company, 
for the improvement of Glace Bay Harbour for public purposes ; also copies of all correspondence, 
telegiams, memoranda, and representations made by delegates, members of parliament, or any 
other persons, having reference thereto ; also copies of all accounts furnished to the government for 
expenditures on Glace Bay Harbour, by the Dominion Coal Company. Presented 19th April, 1906. 

_ Mr Martin (Queen's J -. Not printed. 

IC'5. Return to an address of the Senate, dated 15th March, 1906, of the number and amount of policies 
transferred from assessment section to legal reserve section under Act of 1904, by the Mutual Reserve 
Life Insurance Company of New York ; also the number and amount of policies written by the 
company during the year 1905 and the cash payments made thereon. Presented 19th April, 1906. — 
Hon. Mr. McMuUen Not printed. 

106. Return to an address of the House of Commons, dated 19th March, 1906, for copies of all orders in 
council, surveys, reports, options, agreements for the purchase or lease, letters, telegrams, corre- 
spondence and other documents of evei'y nature and description, relating to the acquisition of land 
for the purpose of military training at Petawawa, in the province of Ontario, together with the 
names, occupations, and addresses of all persons, firms and corporations from whom anj' such lands 

16 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U—Cmtinued. 

were purchased, leased or otherwise acquired ; the dates when such property was purchased, leased 
or otherwise acquired. Also a return showing the extent of the lands purchased, leased or other- 
wise acquired from each person, firm or corporation, the consideration therefor, the amount of the 
purchase or rental, and all amounts payable in respect thereof, including any commission upon said 
purchase, rental or acquisition. Also the names of all persons civil or military, who acted for the 
government in connection with such purchasing, leasing or other acquisition. Also all letters, tele- 
grams, papers, correspondence and other documents between the vendor or lessee, or any persons 
acting for them and the government, or any person acting for the government, including all 
protests of persons owning or claiming to own land in the vicinity ; and all correspondence 
between such persons and the government, and all correspondence between any person acting for 
the government, and any person or persons claiming to be interested in any such purchase, sale 
or acquisition. Also the names of all persons engaged in making the final or other settlementof any 
claims for the purchasing, leasing or other acquisition of any such lands, or for trespass upon or 
interference with any adjoining lands, or the persons residing thereon, and a full statement of all the 
amounts, if any, paid to each such person engaged in making any such settlement, or in making any 
arrangement in connection with such claims. Also a statement of the amount and nature of all 
claims for trespass or mterfertnce, and of all sums paid or payable in respect thereof. Presented 
23rd April, 1906. — Mr. Worthington xiot printed 

107. Eeturn to an order of the House of Commons, dated 2Sth March, 1906, showing the number of mail 
contracts in Peel county, giving location, number of miles, names of couriers, and price paid. Also 
date of commencement, date of expiration, and names of bondsmen ; also if public tenders were 
asked ; the name of each preceding contracc, with name of courier, and the price paid. Presented 
23rd April, 1906. — Mr. Blain jy^^ printed 

108. Return to an order of the House of Commons, dated 2nd April, 1906, for copies of all reports and 
communications from the superintendent of insurance to the government, or to the minister of fin- 
ance, during the years 1903, 1904 and 1905, relating or referring to the desirability or expediency of 
anj- further amendment or amendments to the Insurance Act, or relating or referring to anj^ defects 
in said act. Presented 23rd April, 1906. — Mr. Borden (CarletonJ ^ot printed. 

108a. Return to an order of the House of Commons, dated 14th March, 1906, for a copy of the special 
report of the superintendent of insurance addressed to the minister of finance, bearing data 9th 
November, 1905 ; also copies of all other reports, correspondence and documents, from 1st January 
1905, up to the date of the return, respecting the regulation of life insurance in Canada. Presented 
23rd April, 1906.— 3//-. Borden (Carlcton) ^q^ printed. 

108?/. Return to an order of the House of Commons, dated 14th March, 1906, for copies of all teleo-rams 
reports, communications, investigations, letters and documents of everj- description, relatino- to the 
necessity of investigaang the working of insurance companies doing business, in the Dominion of 
Canada, including all correspondence, communications and other documents, whether advocating or 
opposing, or otherwise relating to the commission recently appointed for the above purpose ; or any 
investigation either by the government or by a commission, committee of the house, or otherwise 
into the matters aforesaid ; also in connection with the recommendation and appointment of the 
commissioners. Presented 23rd April, 1906. — Mr. Ingram jfr,t printed 

109. Return to an order of the House of Commons, dated 6th March, 1905, for copies of all correspondence 
documents, papers, and reports, not already brought down relating to the harbour at Port Colborne 

the breakwater thereof, and elevators, or proposed elevators therein. Presented 23rd April 1906 

Mr. Barker Not printed. 

110. Return to an order of the House of Commons, dated 21st March, 1906, for copies of all thermograph 
records of temperatures on ocean steamers in the possession of the government, taken durino- the 
season of 1905, stating : (1) where the thermograph was placed in each case, whether in cold storage 
chambers, cool air chambers, ventilated chambers, unventilated chambers, or on deck or other part 
of the vessel, exposed only to the natural ocean temperature, and in this latter instance if liable to 
be exposed to the sun's rays ; (2) the kind of produce that was stored in the chamber if any ; (3) date 
ot sailing of steamer, the port from which sailing, name of vessel and line of steamers ; (4) where the 
chamber was a ventilated chamber, state method of ventilation, size and number of intakes also of 
outflows for air. Presented 23rd April, 1906. — Mr. Smith (Wentioorth) . . Not printed 

2 17 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U— Continued. 

111. Return to an order of the House of Commons, dated 28th March, 1906, for copies of all reports made 
subsequent to .Srd April, 1905, in reispect of Joseph Nixon, land agent at Macleod. Presented 23rd 
April, 1906. — Mr. Foster Not printed. 

112. Return to an order of the House of Commons, dated 14th March, 1906, shownng the total number of 
land patents issued, together with the acreage covered thereby, iii and for the territorj- included 
within the limits of the present provinces of Manitoba, Saskatchewan and Alberta, between the year 
1872 and the 31st December, 1905, under each of the following forms of grant, stating also whether 
odd or even sections were affected : commutation grants, homesteads, Manitoba Act grants, military 
bounty grants, Northwest half-breed grants, j)arish sales, quit claim special grants, railways, sales of 
mining, farming, ranching, &c., school land sales, special grants, and all others. Presented 23rd 
April, 1906.— ilfr. Ames Not prinHd. 

112a. Return to an order of the House of Commons, dated 14th March, 1906, showing the parcels of land, 
other than railway grants, which since 1896, have been sold, in the present province of Alberta or 
Saskatchewan, for irrigation projects ; giving in each instance area, location and price obtained, and 
the name of the company or individual to whom sale was made. Presented 23rd April, 1906. — Mr 
Ames Not printed. 

1126. Return to an address of the House of Commons, dated 14th March, 1900, for copies of all contracts 
and agreements between the government; or any department of the government, and the Qn'Appelle, 
Long Lake and Saskatchewan Railroad and Steamboat Company, and all orders in council, reports, 
papers, documents and correspondence respecting : («) any loan to the said company ; (6) any indebt- 
edness of the said company to the crown or to the government ; (c) any lands to which the company 
might become entitled by virtnre of any statute, contract or agreement ; (d) any land granted to or 
earned by the company ; (e) the area within which such lands might be selected by the company ; (/) 
any enlargement, change or alteration of the area within which such lands might be selected by the 
companj'-, or by any purchaser from the assignee of the company. 2. All correspondence respecting 
the matters above mentioned between the government, or any department of the government, or any 
official or person acting or purporting to act for the government and the said company, or any official 
thereof, or any person acting or purporting to act therefor, or any assignee of or purchaser from the 
said company. 3. All orders in council relating to, touching or concerning the said company's land 
grant, or the area within which the same niight be selected, or anj' enlargement or alteration of that 
area. 4. All correspondence between the government, or any department or official thereof, and the 
Saskatchewan Valley Land Company, or any officer or person purporting to act for that company, 
or any person or persons, firm or firms, syndicate or syndicates, from whom the Saskatchewan Valley 
Land Company acquired any portion of the land grant of the Qu'Appelle, Long Lake and Saskatche- 
wan Railroad and Steamboat Company. 5. All correspondence between any shareholders or persons 
interested in the Qu'Appelle, Long Lake and Saskatchewan Railroad and Steamboat Company, with 
the government or any department or official thereof, and all claims and demands made bj' that 
company, or by any person interested therein against the government, in respect of the said land 
grant, or the selection thereof, or any of the matters above referred to. Presented 1st May, 1906.— 
Mr. Borden ( Carleton) Not printed. 

112c. Supplementary return to No. 1126. Presented 11th May, 1906 Not printed. 

113. Return to an order of the House of Commons, dated 28th March, 1906, showing the original tenders 
received by the department of the interior in connection with the leasing of timber berths Nos. 1158, 
1175, 1192, 1219, 123], and 1232, during the years 1904 and 1905, with copies of all correspondence in 
reference therero, had with the minister of the interior, the department itself, or any officer thereof ; 
and the various transfers, if any, made of the leases after they were granted to the successful ten- 
derers, giving name of transferee and date of transfer, in each case. Presented 23rd April, 1906. — 
3Ir. Foster Not printed. 

114. Return to an order of the House of Commons, dated 23rd April, 1906, showing the number of per- 
manent employees at present in the service of the House of Commons, the names and duties of each ; 
the salary and length of service in each case ; the number of sessional employees at present in the 
service of the House of Commons, the dailj^ paj' of each, and the names and duties of each ; the 
number of employees of both classes who were employed in the session of 1896. Presented 24th 
April, 1906. — Mr. Spronle I^ot printed. 

18 



5 Echv. YII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U—Continued. 

114a. Return giving the infoi'mation asked for by the House of Conimons in their message, dated 30th 
April, lii06, requesting their honours to furnish to the Commons a return showing the number of 
Ijermanent emploj-ees at present in the service of the Senate, the names and duties of each, and tlie 
salarj" and length of service in each case ; the number of sessional employees at present in the ser- 
vice of the Senate, the daily pay of each, and the names and duties of each ; the number of em- 
ployees of both classes who were employed in the session of 1896. Presented llth May, 1906. — 3fr. 
Sproule Not j)rinted . 

11 46. Return to an order of the Senatfi, dated 8th instant, showing payments made to permanent and 
sessional employees during the fiscal year 1895-6, and 1904-5. Presented 14th May, 1906. — Eon 
Sir Mackenzie Bowell .... Not printed . 

115. Return to an order of the House of Commons, dated 28th March, 1906, for copies of all correspond- 
ence between the Collingwood Dry Dock Company and any department in reference to bounty payable 
to said company ; also a copy of the valuation of said dock, if any, made on behalf of the depart- 
ment of public works. Presented 24th April, 1906. — Mr. Bennett .Not printed. 

116. Return to an order of the House of Commons, dated 2nd April, 1906, showing : (a) what quantities 
of fish of different classifications, naming them, were entered for ex{X)rt at the ports of Port Arthur, 
Fort William, Sault Ste. Marie, Manitoulin Island and all Georgian Bay ports, respectively, during 
the fiscal years ending 30th June, 1890, 1891, 1892, 1893, 1894, 1895, 1896, 1897, 1898, 1899, 1900, 
1901, 1902, 1903, 1904, 1905 ; (h) the value of such consignments so entered ; (c) the amount of 
duty paid thereon ; (d) the county or counties to which the said consignments were e.xported. Pre- 
sented 24th April, 1906. — Mr. Boyce Not printed. 

1 1 7. A copy of a Ti-eaty of Commerce and Navigation between Great Britain and Japan. Presented 
24th April, 1906, by Sir Wilfrid Laurier Printed for sessional papers . 

118. Return to an order of the House of Commons, dated 28th ^larch, 1906, for copies of all contracts 
for suppUes of food for the permanent military forces and mounted police of the Dominion ; also 
for all the supplies of food to the volunteers at their annual drill camps last summer ; also for the 
supplies to the military schools of the Dominion. Presented 26th April, 1906.— Mr. Smith (Went- 
worth) Not printed. 

1 18«. Supplementary return to No. 118. Presented 1st May, 1906 Not printed. 

119. Return to an order of the House of Commons, dated 23rd April, 1906, for copies of all reports, letters, 
communications, surveys, papers and documents resjjecting any defects in the Peterborough lift-lock, 
or any difficulties in the operation of the said lock, or any defects in the Trent Valley canal in the 

vicinity of or in connection with the Peterborough lift-lock. Presented 26th April, 1906. 3Ir. 

barker Not printed. 

1 19a. Return to an order of the House of Commons, dated 14th May, 1906, for copies of all correspondence, 
inquiries, reports, or other data bearing upon the Trent canal in connection with the lift lock at 
Peterborough and the works atKirkfield ; together with all coirespondence with engineers, solicitors 
and contractors, in connection with the same. Presented 13th June, 1906. — Air. Hughes 
(Victoria) Not printed. 

120. Return to an order of the House of Commons, dated 25th April, 1906, for a copy of all contracts 
with steamship companies for steamboat service between Canada and Mexico. Presented 27th April, 
1906.— Afr. McLean (Queen's) Printed for both distribution and sessional papers. 

121. Extract from a Report of the Committee of the Privy Council approved by the Governor General on 
the 21st April, 1891, on a report from the minister of the interior in relation to the case of ' The 
Temperance Colonization Society (Limited).' Presented 27th April, 1906, by Sir Wilfrid Laurier. 

Not printed. 

121a. Certified copy of a Report of a Committee of the Honourable the Privy Council, approved by His 
Excellency the Governor General in Council, on the 21st April, 1901, respecting "The Temperance 
Colonization Society, Limited," and defining in general terms the mode of dealing with colonization 
companies desiring to have their agreements cancelled and their accounts with the government 
closed. Presented 29th ISIav, 1906, bv Hon. F. OUver j^qi printed 

n 19 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U— Continued. 

122. Return to an address of the House of Commons, dated 2nd April, 190(1, for copies of all orders in 
council, or other authority, for the survey of a branch line of railway from the Jiiain line of the 
Prince Edward Island Railway to Stanley Bridge ; also for copies of all engineers' reports, 
memoranda, &c., correspondence, telegrams, or other documents in relation thereto; including the 
claims of Austin J. Macneill and others for damages to pro[)erty in connection with the said survey. 
Presented 30th April, 1!)0G. — Mr Martin (Queen's) NiA x>rinted. 

123. Return to an address of the House of Commons, dated l)th April, 1906, for copies of all letters, 

telegrams, communications and correspondence received since the first day of .Tanuary, 190.5, from 
any government, corporation, firm, or person, respecting the quality of fruit exported fi'om Canada 
and relating to the inspection of such fruit ; and copies of all letters and communications from any 
department of the government in reply thereto. Presented 30th Apiil, 1906. — Mr. Smith (Went- 
wortlf) Not printed. 

123«. Partial Return (in so far as the Department of Trade and Commerce is concerned) to .an address of 
the Senate, dated 24th April, 1906, for a statement showing : 1st. The number of barrels and boxes 
of apples (stated separately) exported from Canada to foreign countries, including those shipped 
through United States ports ; 2nd. The number of packages of Canadian apples (stated as aforesaid) 
delivered at the following European ports :• London, Liverpool, Glasgow, Manchester, Bristol, 
Belfast, Hamburg, Havre and Antwerp. The number of barrels and boxes (stated separately) and 
to be given separately, for each of the aforesaid ports ; 3rd. The number of packages as aforesaid, 
bearing the marks required by the Fruit Marks Act, stating separately the number of packages 
bearing each of the different marks authorized by the said act ; 4th. The number of packages as 
aforesaid, which were found by the inspectors appointed by the department of agriculture or the 
commercial agents of the department of trade and commerce, to be dishonestly packed or falsely 
marked ; 5th. The names of all inspectors appointed by the government, or the department of 
agriculture operating either in Canada or elsewhere, under the provisions of the Fruit Marks Act, 
and the salary and other allowances paid to each, and the territory covered by each inspector ; 6th. 
The names of all the commercial agents employed by the government or the department of trade 
and commerce and operating in the United Kingdom, the British Colonies and foreign countries 
and the salary and other allowances paid to each, and the territory covered by each agent. Present- 
ed 9th May, 1906. — Hon. Mr. Ferguson Not pi-inted. 

123'j. Supplementary return to No. 123a. Presented 9th May, 1906 Not printed. 

124. Return to an address of the House of Commons, dated 9th April, 1906, for a copy of all contracts 

between the Ross Rifle Company and the government, or the department of militia, for the supply 
of rifles, ammunition, or other articles, and all orders in council, correspondence, reports, docu- 
ments and papers relating to such contracts or to the subject-matter thereof, or to the operations of 
the company, or to its dealing with the government, or any of the departments thereof, including 
the department of customs. Presented 1st May, 1906. — Mr. Worthington Not printed. 

125. Return to an order of the House of Commons, dated 23rd April, 1906, for a copy of the report of 
A. E. DuBerger, on the drug and proprietary medicine trade of Canada. Presented 1st May, 1906. 
— Mr. Parmelee Printed for both distribution and sessional papers. 

126. Return to an order of the House of Commons, dated 23rd .A.pril, 1906, for a copy of the report made 
by the deputy minister of labour on the results of his investigation into the importation of Italian 
labourers into the city of Montreal in the spring of 1904. Presented 1st Ma,y, 1906.— il/r. Verville. 

Not printed. 

127. Return to an order of the House of Commons, dated 28th March, 1906, for copies of all corres- 
pondence, plans, specifications, surveys, &c., pertaining to relief from the river Thames, say between 
the city of London and Lake St. Clair for the overflow of water from the said river, pertaining to 
canal or cut off to Lake Erie or other points. Presented 1st May, 1906. — Mr. Clements. .Not printed. 

128. Return to an order of the House of Commons, da';ed 18th April, 1906, for a copy of the specifications 
for the Victoria Memorial Museum, especially that portion thereof showing the kind, quality and 
dimensions of stone to be used by the contractor in the exterior walls of the same ; also for a copy of 
all correspondence regarding stone for the said building between the government, or any department, 

20 



y Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U— Continued. 

minister or official, and every person or corporation, including the contractor, Mr. Goodwin, and the 
owners or lessees of the Rftad, Battery, River Phillip, and other quarries. Presented 1st ^lay, 1906. 
— Mr. Perleij. Not printed. 

129. Return to an order of the House of Commons, dated 9th April, 1906, for a copy of all correspondence 
and reports relative to the sale of the Giant's Tomb Island, or timber thereon, or to any negotiations 
with any person or persons for the purchase of said Island or timber thereon, or both. Presented 
3rd May, 1906.— 3/r. Bennett Not printed. 

130. Return to an order of the House of Commons, dated 11th April, 1906, for a copy of a certain report 
or communication to the department of the interior, from C. W. Speers, an officer of that depart- 
ment, dated in or about the month of February, 1901, recommending that 10,000 acres of land, 
included in or situate near the land afterwards sold by the government to Colonel A. D. Davidson 
and his associates should be broken at the expense of the government, to establish the fact that grain 
could be produced in that district ; also for a copy of the map submitted therewith ; also for a copy 
of all I'eports, letters and communications to the said department, up to the 24th day of M-ay, 1902, 
respecting the quality or value of the said lands, mentioned in the order in council of that date. 
Presented 3rd May, WOQ.—Mr. Barker Not pPinted. 

130a. Supplementary return to No. 130. Presented 11th May, 1906 Not printed. 

131. Return to an order of the House of Commons, dated 14th March, 1906, showing the amount of 
money scrip redeemed in Dominion lands, and the number of acres thus purchased from the govern- 
ment, [a] in Manitoba ; [h) in the Northwest, the figures for each year from 1875 to 31st December, 
1905, being given separately. Presented 3rd May, 1906. — Jfr. Roche (Marquette) Not printed. 

132. Return to an order of the Huuse of Commons, dated 21st ISIarch 1906, of all the valuations made in 
or previously to the year 1902, of the lands sold or granted in that year to the Saskatchewan 
\.alley Land Company. Presented 3rd May, 1906. — Mr. Borden (Carleton) Not printed. 

133. Return to an order of the House of Commons, dated 14th March, 1906, showing : 1. The number of 
allotments of 240 acres of land, and acreage covered by the same, made between the 1st of July, 
1896, and the 31st of December, 1905, to the half-breeds of Manitoba, giving separately the figures 
for each year, and for the final six months. 2. The land scrip, if any, issued during the aforesaid 
period to colonization companies, giving in the case of each such company the name and head office 
address, and also giving the face value of such scrip and the year of its issuance. 3. The number 

' and acreage of land scrip issued during the same period, to the half-breeds of the Northwest (now 
Alberta and Saskatchewan), giving separately the figures for each year and for the final six months. 
4. The number of acres of laud scrip located within the limit of each of the thirteen Dominion land 
agencies of Manitoba and the Northwest, between the 1st of July, 1896, and the 31 st of December, 
1905, the figures of each agency each year to be give.i separately. 5. The number of acreage of land 
scrip granted prior to 1st July, 1896, to the half-breeds (a) in Manitoba and {b) of the Northwest. 6. 
The amount outstanding, granted but not located, on 1st July, 1896. Presented 3rd May, 1906. — 
Mr. Roche (Marquette) Not printed. 

134. Return to an order of the House of Commons, dated 14th March, 1906, showing: (1) The total 
number of acres of land within the present limits of Manitoba, Saskatchewan and Alberta, voted by 
parliament to railway companies. 2. The area of said lands in respect of which the time by law 
specified for earning the same has elapsed. 3. The area of said lands («) which has been earned, 
selected and patented ; (6) which has been earned and selected, but not patented ; (c) which has 
been earned but neither selected nor patented. 4. The area of land which may yet be earned by 
any railway company, indicating the name of the company, and the amount of subsidy possible. 5. 
In the case of each of the following roads, the Canadian Northern Railway Company, the Manitoba 
and Southeastern Railway Company, and the Qu'Appelle, Long Lake and Saskatchewan Railway 
Company, (a) the quantity of land which may yet be earned ; (6) the quantity earned but not 
patented ; (c) the extent, location (giving township and range), and boundaries of the reserved 
territory wherein each of the remaining selections may be made. 6. The several orders in council by 
virtue of which the area of selection affecting the companies mentioned in paragraph 5 were indicated, 
and any amendments of the same. The whole of the above information to be brought up to 1st 
January, 1906. Presented 3rd May, 1906.— Mr. Ames Not printed. 

135. R3turn to an order of the House of Commons, dated 11th April, 1906, for a copy of any and all 
proposals or requests made by or on behalf of A. D. Davidson, his associates, or any of them, for 

21 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U— Continued. 

purchase or acquisitiou of lands from the government or any department thereof, and particularly 
the proposal referred to in Sessional Paper 132a, 1893, page 150, being order in council, approved 24th 
May, 1902, and of all correspondence and other papers in any wise relating to said proposal or 
proposals. Also for a copy of any and all recommendations of any such proposals or dealing there- 
with, made by the commissioner of immigration, or general colonization agent, or either of them, 
referred to in said order in council, together with all correspondence and other papers in anj' wise 
relating to such recommendations. Also for a copy of any and all acceptance and acceptances, 
consent and consents in writing, by or on behalf of said A. D. Davidson, or associates, or any of 
them ; of or to the terms of disposal of lands, set out in said order in council, and bearing numbers 
one to nine, both inclusive, or of or to any of such terms, together with all correspondence and other 
papers, in any wise relating to such acceptance or consent. Also for a copy of any and ail agreement 
and agreements in writing, at any time made by the government, or any department thereof, with 
said A. D. Davidson, and associates, or anj'of their, for sale of lands, based on said order in council, 
approved 24th May, 1903, or on any modification thereof, together with all corraspondence and other 
papers in any wise relating to such agreement or agreements. Presented 3rc! May, 1906. — Mr. 
Alcorn Not printed. 

136. Return to an address of the House of Commons, dated 2nd April, 1906, for copies of (a) all plans 
showing proposals of any railway or other corporation, or person, or association of persons, for and 
with regard to expropriation of Whitefish Island, in St. Mary's River, Ontario, or of portions thereof, 
and of water or land covered by water, surrounding the same ; (6) of all correspondence between 
this government and the government of the province of Ontario, or any department thereof, and 
with any other person, firm or corporation, relating thereto, and of all reports, decisions, or findings 
upon such applications or proposals ; (c) of all reports of and correspondence with the International 
Waterways Commission, with respect to erection, maintenance or alteration of dams, water-powers, 
and other works or erections in St. Mary's River. Presented 3rd May, 1906. — Mr. Boyce. 

Not printed. 

137. Return to an order of the House of Commons, dated 25th April, 1906, showing imports and exports 
between United States and Canada for the last fiscal year, on the following agricultural products, 
showiiig Canadian duty and United States duty, also showing any of the following articles, and 
amount admitted free between United States and Canada : tobacco, corn, potiitoes, barley, beans, 
oats, hay, eggs, fowls, butter, pork, beef, vegetables, apples, wood, cattle, hogs, sheep, horses, hay, 
canned vegetables, canned fruits, evaporated and dried apples, lard, hides and cheese. Presented 

■■i I .".' 3rd May, 1906. — Mr. Clements. . . Not printed. 

138. Return to an address of the House of Commons, dated 23rd April, 1906, for a copy of all orders in 
council, reports, correspondence, documents and papers, relating to the proposed sale, grant or 
disposal by the government of any lands 'n the province of Alberta, or in the province of 
Saskatchewan, to a syndicate or company in which Messieurs M. A. Walsh, E. C. Walsh, E. G. 
Walsh, of Clinton, Ohio ; A. W. Carrol, Charles Maher, of Iowa, and J. Brown of Neepawa, Man- 
itoba, or anj' or either of them are interested, or which they or any or either of them, or any person 
or persons on their behalf, are promoting. Presented 7th May, 1906. — Mr. McCarthy, (Calgary). 

Not printed. 

139. Return to an order of the House of Commons, dated 18th April, 1906, for a copy of all letters, cor- 
respondence and cornmunications between the rtiinister of the interior or any department of the 
government and the superintendent under the Children's Protection Act of British Columbia, re- 
specting the sale and slavery in Bi-itish Columliia of young girls for immoral purposes ; also a copy 
of all reports and communications from the agents of the Indian department in British Columbia, 
with respect to the matters aforesaid, and all replies or communications from the department to 
such agents. Presented 7th May, 1906,— ilfr. Borden (Carleton) Not printed. 

140. Return to an order of the House of Commons, dated I4th March, 1906, showing : 1. The number of 
allotments of land scrip and the total acreage covered thereby, made to half-breeds (a) in ^Manitoba, 
and (b) in the Northwest, between 1st July, 1904, and 31st December, 1905. 2. The number of land 
warrants, if any, and the acreage covered thereby, issued for military services within the same 
period. 3. The number of scrip, if any, and the acreage covered thereby, issued to the Northwest 
Mounted Police within the same period. 4. .The number and acreage of all the above outstanding 
on the 3 1st December, 1905. All the above information being required in order to bring the infor- 
mation contained in Sessional Paper No. 67(/, brought down the 13th July, 1904, up to the end of 
the last calendar yea Presented 7th Maj% 1906.— Mr. Boche ( Marquette) Not printed. 



5 Edw. VTI. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME 14:—Coniinued. 

141. Return to an order of the Hoiise of Commons, dated 19th March, 1906, for copies of all correspon- 
dence had with the department of the interior, or the minister of that department, or any member 
of the gfovernment, including all statements, charges or information, made against or concerning 
Philip Wagnei, at one time in the emploj' of the government. PresenteJ 8th May, 1906. — Mr. 
Foster Not printed. 

1 42. Return to an order of the House of Commons, dated 30th of April, 1906, for a copy of all correspond- 
en ce and papers relating to anj' and all applications made b}' or on behalf of the Great Northern 
Raihvaj' Company for subsidies ; also what subsidies were granted to that railway, by whom or 
through what person such subsidies were applied for, on what dates, for what portions of the rail- 
way, and of what amounts, on what terms and conditions were subsidies granted, and to what 
l)ersons, firms or corporations such subsidies, or any part or parts thereof, were paid. Presented 10th 
May, 1906. — Mr. Boiicc Not printed. 

1-43. Return to an order of the House of Commons, dated 5th April, 1906, for copies of all correspondence, 
reports, telegrams, valuations and memoranda in possession of the government, or any member or 
official thereof, with reference to damages for lands expropriated for railwaj- purposes on the line 
built between Montague, and Cardigan, Prince Edward Island ; also names of commissioners or 
valuators, or both ; copies of all valuations made, by whom made, giving the names and the amounts 
separately awarded to each ; also list of names of persons who accepted valuators' awards, and also 
of persons whose valuations have not been accepted by the government ; also list of persons who 
. have been paid or accepted valuations. Presented 10th Maj-, 1906.— iWr. McLean, (Queen's). 

Not printed. 

144. Return to an order of the House of Commons, dated 14th March, 1906 : 1. For copies of all corre- 
spondence for the last two years on immigration between the Canadian High Commissioner, in 
London, England, and Mr. W. T. R. Preston, Dominion Commissioner of Immigration, at London, 
England. . 2. For copies of all correspondence for the last two years on immigration between the 
said W. T. R. Preston and Mr. W. T. Griffith, Secretary, High Commissioner's office, London, 
England. Presented 11th May, 1906. — Mr. Wilson (Lennox and Addington) Not printed. 

144a. Supplementarj' return to Xo. 144. Presented 30th May, 1906 Not printed. 

145. Return to an address of the Senate, dated 27th April, 1906, for a statement showing the conditions 
on which the Songhees Indian Reserve in Victoria has been handed over to the government of 
British Columbia — as to the purchase of a new reserve, the building of dwellings, church, and school 
house, showing also the manner in which it is intended to dispose of the money in the hands of the 
Dominion government to the credit of the Songhees Indians. Presented 9th May, 1906. — Hon. Mr. 
Macdondld ( Victoria ) Not printed. 

146. Return to an order of the House of Commons, dated 9th April, 1906, for a copy of all correspondence, 
papers, &c., between the superintendent of the Prince Edward Island Railway, or other official, with 
other interested parties, relative to the acquiring of the Hodgson property on the St. Peters Road, 
near Charlotteto wn, and at the entrance of the new bridge, for the purposes of straightening the road. 
Presented 14th May, 1906. — Mr. Lefurgey Not printed. 

147. Return to an order of the House of Commons, dated 30th April, 1906, for a copy of all telegrams, 
petitions, orders and correspondence with reference to the removal of the post office from North Lake 
to Blake Point, Prince Edward Island, and to the return of the office to its original location. Pre- 
sented 15th May, 1906. — Mr. McLean, (Queen's) Notprinted. 

148. Return to an order of the House of Commons, dated 18th April, 1906, for a copy of all reports re- 
garding the Riding ^Mountain timber reserve, since 1st January, 1900, by any officers of the govern- 
ment. Presented 15th May, 1906. — Mr. Roche (Marquette) Not printed. 

148«. Supplementary return to No. 148. Presented 22nd May, 1906 . . Notprinted. 

149. Return to an order of the House of Commons, dated 9th April, 1006, for a copy of the contract with 
the Chicoutimi Pulp Company regarding the building, maintenance and operation of the piers and 
booms above Chicoutimi, on the Saguenay River ; also a copy of the reports from the officers of the 
government under which ii was decided to build these works, and of all correspondence relating 
thereto. Presented 15th May, 1906. — Mr. Perley Not printed. 

150. Return to an order of the House of Commons, dated 14th March, 1906, showing the amounts voted 
and the amounts expended, under their proper heading, each year since 30th June, 1896, on Port 
Bruce harbour ; the date of such payments, to whom the payments were made, and the amount paid 

23 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U— Continued. 

to each person ; the amount paid for actual labour performed ; the amount paid for material not 
used, and when, and the amount paid for material used ; quantity and kind of material purchased, 
and the price, and from whom purchased ; the present actual condition of the harbour ; a copy of 
the estimated cost of the harbour, including dredging and breakwater ; also copies of all advertise- 
ments calling for tenders, as well as all tenders and contracts and correspondence on the suVjject. 
The names of all dredges employed since 30th June, 1896, and their owners ; also copies of all tele- 
grams, letters, reports, petitions, documents, correspondence, investigations and communications of 
every description in connection with said hai'bour works ; also a copy of the pay-roll for each year 
since 30th June, 1806, the names of all foremen, superintendents and inspectors, with their length of 
service as such, and by whom recommended, and all correspondence in connection with their ap- 
pointment, the names of all civil engineers employed on the works, and by whom recommended, and 
all correspondence in connection therewith ; also the name of the person or persons who paid the re- 
spective amounts at Port Bruce for material furnished and labour performed. Presented 15th May, 
1906. — Mr. Tiu/ram J^ot printed. 

151. Return to an order of the House of Commons, dated 6th March, 1905, showing the names of resi- 
dents of the Northwest Territories, not entitled to a second homestead, for whom the sanction of the 
department has been given, allowing them to purchase additional quarter sections, subject to ordin- 
ary cultivation conditions : the dates upon which such sanctions were given, the lands which have 
been purchased by such settlers in consequence of this authority, with the price agreed upon, and 
the sum paid down ; also the form in which the authority to make the sale was made known to the 
local agents of Dominion lands. Presented 17th May, 1906.— iifr. Lake Not printed. 

152. Keturn to an order of the House of Conmions,dated 9th May,1906,showing the number of Indian agents 
in the employ of the government ; the number of Indians in the Yukon ; the number of Indian 
schools in the Yukon ; the number of officials of the Indian department in the employ of the govern- 
ment in the Yukon ; the number of Indian reserves in the Yukon ; the number of Indians in British 
Columbia ; the number of Indian schools in British Columbia ; the number of officials of the Indian 
department in the employ of the government in British Columbia ; the number of medical officials 
who have received remuneration of any kind out of the Indian department, and the total amount 
thus paid by the government in each province ; the amount of the Indian reserve land disposed ot 
since 1896, and the price per acre received in each case ; the total amount expended in the j^ear 1905 
on the following reserves, respectively : Kettle Point, Stony Point, and Sarnia Reserve, and the 
population on each reserve, and the number of schools and teachers ; the amount of salary paidfto 
the Indian agents in the Yukon and British Columbia ; the average Indian population in the re- 
serves in each province of the Dominion ; the number of reserves in the Dominion ha^ijng a popula- 
tion of less than each respective number given, viz. : 100, 75, 50, 30, 20, 10, 5, 3, in the year 1905 ; 
the total amount paid to Indian department officials of this government in each province of the 
Dominion. Presented 17th May, 19C6. —Mr. Armstrong Not printed. 

153. Return to an order of the House of Commons, dated 17th July, 1905, for copies of all coi-respondence, 
petitions, memorials, reports of inspectors, and all papers whatsoever, relating to the closing of Lake 
Manitoba from summer fishing. Presented 17th May, 1906.— M?- Crmcford Not printed. 

154. Return to address of the Senate, dated 14th March, 1906, for all correspondence between the pilot 
commissioners, the secretary of the board of pilot commissioners, or any of the officials of that 
board, at Sydney, Cape Breton, and the department of marine and fisheries, or any of the officials of 
the said department, showing : 1st. The amount paid into the pilots' retiring fund in each year, from 
.31st December, 1896, to 31st December, 1905, repectively. 2nd. The amount paid into the pilots' 
widows' and orphans' relief fund from 31st December, 1896, to 31st December, 1905, respectively. 
3rd. The disposition made of the said funds in each year during the above-mentioned period ; the 
amount on hand on 31st. December, 1905, the interest it bears ; where it is deposited ; the security 
for its safety for the benefit of the widows and the orphans of the pilots. 4th. The amount on hand 
in these funds, respectively, on 31st December, 1896 ; also all other corresiwndence, if any, bearing 
on this matter. Presented 17th May, 1906.— ^on. 3Ir. McDonald (Cape Breton) Not printed. 

loo. Return to an order of the House of Commons, dated 18th of April, 1906, showing all coal lands 
leased, sold or otherwise disposed of during each year from 1896 to 1905, inclusive, giving the area 
disposed of, the party to whom, the consideration therefor, the assisrnments made, if any, and the 
date thereof, and the name of the assignee in each case. Presented 22nd May, 1906.— il/r. Foster 

Not printed 

24 



5 Edw. VII. List of Sessional Papers. ' A. 1906 



CONTENTS OF VOLUME U— Continued. 

156t Correspondence, &c., relative to the mining rights underlying the surface of the lands as may be 
required for the right of way, station grounds, &c., of the Western Division of the Grand Trunk 
Pacific Kailway. Presented 22nd May, 1906, by Hon. F. Oliver Not printed. 

157. Return to an order of the House of Commons, dated 30th April, 1906, for a copy of all correspon- 
dence, letters, papers, lease or leases, relative to the leasing of the Blood Indian Reserve, in the 
province of Alberta, to the McEwan Cattle Company, of Brandon, or any other person or persons. 
Presented 23rd May, 1906.— i)//-. Sproule Not printed. 

158. Return to an address of the House of Commons, dated 18th April, 1900, for a copy of an order in 
council passed on or about the 27th July, 1900, re certain lands in Alberta and Arthabasca, referred 
to in a question asked the government by Mr. Lefurgey on 9th April, instant, together with official 
jjlan or map showing lands referred to, and all other correspondence and papers in reference thereto, 
between the government or any person acting on its behalf, and others, up to the present time. 
Presented 23rd May, 1906.— il//-. Lefurgey •. Not printed. 

159. Record of accidents and ca.sualties investigated by the Board of Railway Commissioners, for the 
year ending 30th June, 1905. Presented 28th May, 1906, by Hon. W. S. Fielding Not printed. 

160. Return to an order of the House of Commons, dated 9th May, 1906, showing the freight rates in 
force last year on the Prince Edward Island Railway, and the tariff in force on 1st April, 1906, for 
local traffic ; also a statement of the proportion of through freight rates on the Intercolonial Railway 
carloads of grain for export from Montreal to St. John, Xew Brunswick, Halifax, Nova Scotia, and 
Sydney, Cape Breton, giving the several distances and the through freight rates charged on grain«in 
carloads from Tignish, Prince Edward Island, to St. John, Xew Brunswick, Halifax, Nova Scotia, 
and Sydney, Cape Breton, by Prince Edward Island Railway, government winter boats and Inter- 
colonial Railway, showing the several distances. Presented 29th May, 1906. — Mr. Lefurgey. 

Not printed. 

161. Report of the commissioners appointed to hold an investigation and report upon the accident which 
occurred on the otb April, 1906, by the collapse of part of the tower on the west block extension of 
the departmental buildings. Presented 29th May, 1906, by Hon. C. S. Hyman. 

Printed for both distribution and sessional papers. 

161". The evidence taken before the commissioners appointed to hold an investigation and report upon 
the accident which occurred on the 5th April, 1906, by the collapse of part of the tower on the west 
block extension of the departmental buildings. Pre-sented 19th June, 1906, by Hon. C. S. Hyman. 

Not printed. 

1616. Correspondence in relation to the west block extension and the collapse of the tower. Presented 
22nd June, 1906, by Hon. C. S. Hyman Not printed. 

162. Return to an order of the House of Commons, dated 9th May, 1906, showing the total number of 
land iDatents issued, together with the acreage covered thereby, in and ior the territorj'' included 
within the limits of the present provinces of Manitoba, Saskatchewan and Alberta, between the 1st 
of July, 1901, and the 31st of December, 1905, under each of the following forms of grant : (a) com- 
mutation grants, (6) homesteads, (c) Manitoba Act grants, [d) military bounty grants, (e) Northwest 
half-breed grants, (/) parish sales, {g) quit claim special grants, [h) railways, (i) sales of mining, 
farming, ranching, &c., (j) school land sales, (k) special gi-ants, (I) and all others. Presented 29th 
May, 1906.— J/r. Ames Not printed, 

163. Return to an order of the House of Commons, dated 23rd April, 1906, showing what information is 
in possession of the department of the interior, or any department or member of the government, 
regarding alleged irregular or improper dealings, acts, charges, payments, or accounts of any officer, 
agent or other person in Great Britain or Ireland, or in Euroj^e, in connection with immigration to 
Canada ; what period is covered thereby ; also what communications, if any, upon or in relation to 
such matters have been had from or with the High Commissioner for Canada, the commissioner of 
immigration or others, in writing or otherwise ; also a copy of all correspondence, reports and papers, 
if any, relating to such matters. Presented 29th May, 1906. ^Mr. Barker Not printed . 

16-4. Return to an address of the Senate, dated 15th May, 1906, calling for a statement showing : 1st. The 
amount paid for the railway known as the Canada Eastern in New Brunswick, and the name of the 
person or persons to whom the purchase money was paid. 2nd. The amount of money expended on 
said railway since its purchase by the government to the 1st of April, 1906, on buildings, repairs, 

25 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF ^'OLUME U— Continued. 

grading, culverts, bridges, ties, raila, and all other expenditures incurred in the improvement of said 
railway. 3rd. The total amount earned and received from the passengers, and for freights, separ- 
ately, to the 1st of April, 1906. 4th. The total expenditure for operating said road, as a branch of 
the Intercolonial, from the date of purchase to the 1st of April, 1906. Presented 29th May, 1906. — 
Han. Sir Mackenzie Bowell Not printed . 

165. Return to an address of the Senate, dated 8th May, 1906, for a statement showing ; 1. What amount 
has been paid out annually during the last five years for salaries and expenses of the staff chargeable 
with the inspection duties of the life insurance branch of the finance department. 2. Did such staff 
perform any duties other than those pertaining to inspection. 3. Names of the officers of such staff. 
4. Salaries paid each such officer. 5. Amounts collected annually from all life insurance companies 
doing business in Canada durmg the last five years for inspection charges or maintenance charges of 
such branch, or for such other charges incident thereto. 6. On what basis have such charges been 
made and collected. 7. The names of all cornpanies and amounts j aid each year by such companies. 
Presented 29th May, 1906. -Hon. Mr. Lougheed Not printed . 

166. Return to an order of the House of Commons, dated 2i')th February, 1905, showing the number of 
miles of land m the Northwest Territoi-ies surveyed in block outlines, and the cost per mile ; the 
number of miles of township outlines, and the cost per mile ; the number of acres subdivided, and 
the cost per acre ; the ]3roportion of open prairie to the whole of the land surveyed ; the contract 
survey rate per mile of section line in open prairie ; the rate of pay of surveyors employed by the 
day, for the years 1880, 1881, 1882, 1883, 1900, 1901, 1902, 1003; the average for the first four years, 
and the average for the latter four years. Presented 13th June, 1!;06. — Mr. Roche (Marquette). 

Not pjrinted . 

167. Return to an address of the Senate, dated 16th May, 1906, for copies of the North Sydney Harbour 
Commissioners' Report for the calendar years 1S97, 1899, 1901 and 190?, showing collections and dis- 
bursements of the said harbour commissioners during these year, ; also correspondence, if an}% res- 
IJecting purchase of land for harbour comniissioners' purposes, with plans of the said land and har- 
bour. Presented 29th May, l^QQ.—Hon. Mr. McDonald Not printed. 

168. Return to an address of the Senate, dated 8th ^laj', 190.'), for a statement relating to the Mutual 
Life Insurance Company of New York, showing : 1. The amount of life insurance in force in the 
Dominion on 31st December, 1905. 2. The amount of security deposited with the Dominion govern- 
ment. 3. The nature of the security. 4. If in gold, how much. 5. If in bonds, how much. 6. 
Who are the issuers of the bonds. 7. Are the bonds given in security taken at par or face value, or 
at the supposed market value. 8. How is the market value ascertained. 9. What means are taken 
to know if the makers or issuers of bonds taken as security are solvent from j'ear to year. 10. In tha 
event of the value of bonds falling below that at which they are taken as securitj', how would the 
deficiency in the security necessar}' to be held be made up. 11. Has the security deposited by the 
Mutual Life Insurance Company of New York fallen in value at any time below that necessary to be 
deposited according to law. Presented 29th May, 1906. — Mr. Macdonald (Victoria). . .Not printed. 

169. Papers relating to chapter 10, 4 Edward VII, intituled : ' An Act respecting an arbitration between 
His Majestj' and the Grand Trunk Company of Canada.' Presented 29th May, 1906, by the Hon. 
R.W.Scott Not printed. 

170. A copy of a Report of the Committee of the Honourable the Privy Council, approved by His Excel- 
lency the Governor General on the 14th March, 1906, relating to the extension of the contract with 
the American Bank Note Companj' for a further period of five years ; and correspondence relating 
thereto. Presented 30th May, 1906, by Hon. W. S. Fielding Not printed. 

171. Return to an order of the House of Commons, dated 14th March, 1906, showing the amounts voted, 
and the amounts expended, under their proper headings, each j'ear since 30th June, 1896, on Port 
Stanley harbour ; the date of such payments, to whom payments were made, and the amount paid 
to each person ; the amount paid for actual labour performed ; the amount paid for material not 
used ; the quantity and kind of material purchased, with the price, and from whom purchased ; the 
Ijresent actual condition of the harbour. A copj- of the estimated cost of the harbour, the statement 
to include dredging and the breakwater ; also copies of all advertisements calling for tenders, as well 
as all tenders and contracts and correspondence on the subject ; the names of all dredges employed 
on the work since 30th June, 1896, and their owners ; also copies of all telegrams, letters, reports, 
petitions, documents, correspondence, investigations and communications of every description in 

26 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME 1^^— Continued. 

connection with said harbour works ; also a copy of the pay-roll for each j-ear since 30th June, 1896; 
the names of all foremen, superintendents and inspectors, their length of service as such, and by 
whom recommended, giving all correspondence in connection with their appointment ; and if dis- 
missed or resigned, state reason for said dismissal or resignation; the names of all civil engineers 
employed on the works, and by whom recommended, and all correspondence in connection there- 
with ; also the name of the person or persons who paid the respective amounts at Port Stanley for 
material furnished and labour performed. Presented 31st May, 1906. — Mr. Ingram Not printed. 

1 72. Return to an order of the House of Commons, dated 9th May, 19r6, for a copy ot the instructions 
issued) o each grade of civil engineers on the survey of the Montreal, Ottawa and Georgian Bay 
Ship Canal ; also the names of each of the engineers engaged in the several grades, respectively, 
including transit men, levellei's, rod men, and chain men, and the salaries of each. Presented 31st 
May, 1906.— il/r. Tayior Not printed. 

173. Return to an order of the House of Commons, dated 30th April, 1906, for a copy of all papers, 
vouchers and statements in connection with the expenditure of 81,438.54 on Miminegash harbour, a* 
per Auditor General's Report, 1905, giving names and amounts paid severally for labourers, names, 
prices and amounts for supplies of stone, brick, poles, plank, and small payments, &c. Piesented 
31st May, 1906. — Mr. Lefurgeti Not printed. 

174. Copy of an agreement of Charles M. Hatfield to increase the natural rainfall in any locality in the 
Yukon Territory. Presented 31st May, 1906, bj' Sir Wilfrid Laurier. 

Printed for both distribution and sessional papers . 

175. Return to an order of the House of Commons, dated 26th March, 1906, for copies of all correspon- 
dence pertaining to complaints received by the government protesting against quarantine from hog 
plague, in Kent County, Ontario. Presented 4th June, 1906. — Mr. Clements Not j)rinted. 

176. Return to an order of the House of Commons, dated 25th April, 1906, for a copy of all reports, 
evidence, correspondence, documents and papers relating to charges against anj'^ of the customs 
officials at Emerson, in the province of Manitoba, during the past two years. Presented 4th June, 
1906. — Mr. Eoche (Marquette) Not priated. 

17 7. Return to an order of the House of Commons, dated ISth A pril, 1906, for a copj' of all applications 
from C. F. Caldwell for himself, or bj' C. F. Caldwell on behalf of any clients, together with their 
names, or by any other person or persons, together with copies of all corresf)ondence or other papers 
in connection with permission to purchase coal mining lands in the pro% ince of Alberta. Presented 
4th June, 1906. — Mr. Reid (Grenville) ... Not printed. 

178. Return to an order of the House of Commons, dated 23rd April. 1906, for a copy of all correspon- 
dence, memoranda, reports and telegrams in possession of the government or any member or official 
thereof, in reference to the construction of a new steamer for the winter navigation of the Straits of 
Northumberland, including Mr. Duguid's report or recommendations, and those of others co-operat- 
ing with him, and the expenses connected therewith, and to whom paid. Presented 5th June, 1906. 
— Mr Martin (Queen's) Not pi-inted. 

179. Retitrn to an order of the House of Commons, dated 23rd April, 1906, for a copy of the plans and 
specifications of the new steamer now being Qon.'^tructed in England. Presented 5th June, 1906. 
— Mr. McLean (Queen's) Not printed. 

180. Return to an address of the Senate, dated 31st May, 1006, for a copy of the certificate obtained by 
Commander Spain in the month of February, 1903. Presented 1st June, 190G. — Hon. Mr. Landry. 

Not printed. 

181. Return to an order of the House of Commons, dated 9th May, 1906, for a .statement showing the 
wages paid in dififerent departments of the Prince Edward Island Railway, in the same manner as 
published in the Auditor's General's Report with reference to the Intercolonial Railway. Presented 
13th .June, 1906.— ilfr. Lefurgey Not printed. 

182. Return to an order of the House of Commons, dated 14th May, 1906, for a copy of the memorial re- 
ceived from the Dominion Marine Association, calling the attention of the Government to delays 
consequent upon the carrying out of the contract with M. P. Davis or the St. Lawrence Power 
Company for the hauling of vessels by electrical power in and out of the locks of the Cornwall Canal. 
Presented 13th June, 1906. — Mr. Ames Not jjrinted. 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U— Continued. 

183. Return to an order of the House of Commons, dated 14th March, 190G, showing the amounts voted 
and the amounts ex|jended, under their proper headings, each year since 30th June, 1896, on Port 
Burwell harbour; the date of such payments; to whom the payments were made, and the amount 
paid to each person ; the amount paid for actual labour performed ; the amount paid for material 
not used, and when ; the amount paid for material used ; the quantity and kind of material pur- 
chased, and the price, and from whom j>urchased ; the present actual condition of the harbour. A 
copy of the estimated cost of the harbour, and a statement showing how much it will cost to fini.sh 
said harbour ; the above statement to include breakwater and dredging. Also copies of all adver- 
tisements calling for tenders, as well as all tenders and contracts, and correspondence on the sub- 
ject ; the names of all dredges employed on the works since 30th .June, 190(5, and their owners. And 
copies of all telegrams, letters, reports, petitions, documents, correspondence and communications 

■ of every description in connection with the said harbour works. Also a copy of the pay-roll for each 
year since 30th June, l'J06 ; the names of all foremen, superintendents and inspectors ; their length 
of service as such, and by whom recommended ; with all correspondence in connection with their 
appointment ; and if dismissed or resigned, the reason for said dismissal or resignation ; the names 
of all civil engineers who are or have been emploj-ed on the works, and by whom recommended ; the 
said return to include Mr. .John H. Teall, resident engineer, the date of appointment, dismissal or 
resignation, as the case may be, and the reason for same ; and all correspondence, petitions, tele- 
grams, letters and communications connected therewith. Presented 15th .June, 1906.— J//\ Jru/ram. 

Not jyrinted. 

184. The King's regulations and orders for the militia of Canada, 1904, 1905 and 1906. Presented 19th 
June, 1906, by Sir Frederick Borden Not printed. 

184«. Regulations respecting pay, allowances, &c., to the Canadian militia. Presented 19th June, 1906, 
by Sir Frederick Borden Not printed. 

185. Return to an order of the House of Commons, dated 9th May, 1906, showing : In respect of any or 
all ties purchased by the department of railways and canals during the years 1903-4 and l{X)4-5, 
from each of the fallowing : D. J. and J. D. Buckley, of Rogersville ; .John Mahony, of Rogers- 
ville ; and Jude F.Oallant, of Rogersville ; (a) the classes and quantities of ties ; (b) prices paid ; (c) 
the places of dehvery ; {d) the number rejected ; (c) the name of the inspectors who represented the 
government ; (/) the quantity and value of the ties in store at Rogersville at the time of stock taking 
for the fiscal year 1904-5 ; (^r) a copy of all correspondence, orders or papers of any nature in the 
possession of the department of railways and canals, or any official thereof, relating to the ordering, 
purchasing, receiving, checking, inspecting, or refusing of any of said ties. Presented 19th June, 
1906. — Mr. Ames Not j^rinted. 

186. Return to an order of the House of Commons, dated 28th Maj-, 190G, showing the number of mail 
contracts in Elgin County, giving location, number of miles, names of couriers, and prices paid ; 
also date of commencement, date of expiration, and names of bondsmen ; also particulars of tenders, 
if anj' were called for ; the name of each preceding contractor, with the name of courier, and the 
price paid. Presented 19th June, 1903.- Mr. Ingram Not printed. 

187. Return to an order of the House of Commons, dated 14th May, 1906, showing : (1) What aid has 
been given by the Dominion government to the governments of the various provinces of the Do- 
minion since confederation, for or towards the building of provincial railways, either by original aid 
or by ultimately bearing a share of the cost of such undertakings. (2) What railway subsidies or aids 
originally granted or agreed to be granted, by the provinces respectively, have been ultimately paid 
or borne by the Dominion in aid of such railways during such period. (3) What moneys have been 
paid by the Dominion to the several provinces, respectively, during each such period for or in re- 
spect of such railways or the stock or bonds thereof, respectively, purchased, acquired or taken over 
in whole or in part by the Dominion. Presented 21st June, 1906.- Mr. Macdonell. 

Printed for sessional papers. 

188. Return to an order of the House of Commons, dated 14th May, 1906, showing what lands have been 
selected by the Canadian Xorthem Railway Company, in accordance with the order in council of 
10th August, 1903, in townships 15 to 20, both included, in ranges 9, 10, 11 and 12, west of 1st meri- 
dian. Also any lands reserved for selection by the Canadian Northern Railway Company, in the 
territory mentioned above, that may have reverted to the government by reason of the said company 
not exercising its right of selection thereto before 31st December, 1905, in accordance with the pro- 
visions of order in council of the 10th August, 1903. Presented 22nd June, 1906.— ilfr. Roche 
(Marquette) , Not printed. 

28 



5 Edw. VII. List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U— Continued. 

188a. Return to an order of the House of Commons, dated 9th May, 1906, showing all lands selected by 
the Canadian Northern Kailway Company from that iX)rtion of the lands reserved for selection by 
the said company, in townships 15 to 20, both included, in ranges 9. 10, 11 and 12, west of 1st meri 
dian. Also a return of all lands patented to the nominees of the Canadian Northern Railway Com- 
pany in the territory above-mentioned, and the names of the patentees, since 29th June, 1905. Pre- 
sented 22nd June, 1906.— Mr. Roche (Marquette) Not printed. 

189. Return to an order of the House of Commons, dated 21st May, 1906, for a copy of all petitions and 
papers of every kind concerning the claims of certain retired servants of the Hudson's Bay Company, 
under a deed of sale by the said company to Lord Selkirk in 1811. Presented 22nd June, 1906.— 
Mr. McCraney Not jirinted, 

1 89a. Return to an order of the House of Commons, dated 17th July, 1905, for copies of all correspondence, 
documents, and memorials between the government or any member thereof, and the Rev. James 
Taylor, or any other person, on behalf of the retired servants of the Hudson's Bay Company, in 
reference to their claim to a portion of the estate of the late Lord Selkirk. Presented 27th June, 
19Q6.— Mr. Lamont Not printed. 

190. Return in part to an address of the Senate, dated 27th April, 1906, for a statement of all accidents 
that occurred on the Intercolonial Railway during the years 1897, 1898, 1899, 1900, 1901, 1902, 190.3 
1904 and 190.5, specifying each accident, whether by collision, derailing, fire or otherwise, and the 
amount of damages of each such accident, mentioning the localities where such accidents occurred. 
Also the amount of losses each year, by theft or otherwise, of goods or freight, in transit, on the 
Intercolonial Railway, for each year as above. Presented 22nd June, 1906—^0/!. Mr. McDonald 
(Cape Breton) Not printed. 

191. Return showing : 1. What sums have been paid Messrs. Ahearn & Soper of Ottawa, in each year 
since 1896. 2. For what supplies or services were these payments made. Presented 25th June, 
1906, by Hon. C. S. Hyman Not printed. 

192. Return showing the total sums that have been paid by the government to the Manitoba Free Press 
and Dcr Nordwester Publishing Companies, for all services, for each of the financial years commenc- 
ing 1st July, 1900, and ending 30th June, 1905. Presented 25th June, 1906, by Sir Wilfrid Laurier. 

Not printed . 

193. Return to an order of the House of Commons, dated 9th May. 1906, for a copy of all correspondence, 
inquiries with officials, engineers, solicitors, contractors and others, bearing upon the accident to the 
wharf at Sorel, together with all documents in connection with the same. Presented 25th June, 1906. 
—Mr. Blain Not printed. 

194. Return to an address of the Senate, dated 19th .June, 1906, calling for a statement since 1st March, 
1904, showing : 1. Which are, more particularly at Quebec, Montreal and Ottawa, the newspa|>ors, or 
the printing companies or firms, which publish advertisements or printed documents on account of 
the commissioners of the Transcontinental Railway. 2. How much has each of these newspapers 
or of these companies or firms received, and what is the date of each payment. 3. For what kind of 
services, advertisements, printing or pufis, and how much for each kind, have these newspapers or 
these companies or firms been paid. Presented 25th June, VMC).~Hon. Mr. Landry. Not printed. 

195. Return to an order of the House of Commons, dated 23rd April, 1906, for a copy of all letters, cor- 
respondence, papers, reports and accounts relating to the construction of a fish ladder at Cowie's 
Dam, lower pulp mill, Milton, Queen's County, N.S, and of the accounts showing the cost of con- 
struction of the said ladder, the amouut paid for labour and material, and to whom paid. Presented 
30th June, 1906.— ilfr Crocket Not printed. 

196. Return to an order of the House of Commons, dated 30th April, 1906, showing, by townships, all 
Indian lands sold or disposed of within the boundaries of the present electoral district of East and 
W'est Algoma, during the years 1896 to 1905, both inclusive, with the names and addresses of 
purchasers or lessees, and the prices paid or agreed to be paid, for such lands, by way of rental or 
purchase money ; also showing, by townships, when the said purchases were completed, or when the 
final payments were made and the total amount paid for such lands ; also showing, by townships, 
what agreements for sale are in default, and for what period the same have been in default ; also 
showing what agreements for sale or lease, by townships, have been cancelled for non-payment of 
purchase monej' or non-performance of conditions. Presented 3rd July, 1906. — Mr. Boyce. 

Not printed. 
29 



5 Edw. VII. List of 8es ional Papers. A. 1906 



CONTENTS OF VOLUME 14r— Continued. 

196a. Return to an order of the House of Commons, dated 30th April, 1900, for a copy of all the returns 
and reports made by Indian agents or other officials in ihe employment of the government, having 
charge of Indian lands in the territory now included wiohin the boundaries of the present electoral 
districts of East and West Algoma, showing all sales, transactions and cancellations of lands in such 
territory, from the 1st July, 1896, to the 1st Ai^ril, 190G. Presented 3rd July,. 1906.— M?-. Boi/ce. 

Not printed, 

197. Return to an order of the House of Commons, dated 28ih May, 1906, for a copy all ci^-rresixindence 
between Joseph Rirm and the governn)ent in reference to the surface right for coal on the northeast 
i of section 26, township 1, range 6, west of the 2nd meridian. Also a copy of all letter.^, papers and 
telegrams, from any other party or parties in reference to the same. Presented 5tli July, V.)Qi>.— Mr. 
Roche (Marquette) Not printed. 

198. Return to an order of the House of Conanons, dated 14th March, 1906, for coijies of all letters, tele- 
grams, reports or other communications which, between the 1st of July, 1904, and the 3 1st December, 
1905, passed between the Minister of the Interior, or any official of his department, on the one hand, 
and (a) the Canadian Northern Railway Company ; (&) the Manitoba and Southeastern Railway Com- 
pany ; (c) the Qu'Appelle, Long Lake and Saskatchewan Railway Company, or any company to 
whom any of said companies shall have transferred its land rights, in regard to the area in which 
any of said companies were to be permitted to select land due by way of subsidy. Presented oth 
July, 1906.— il/r. Ames Not printed. 

199. Return to an order of the House of Commons, dated 21st March, 1906, showing : 1. The description 
of all lands in Manitoba and the Northwest, formerly reserved for timber or hay purposes, to m hich 
homestead entries have been granted since 1st .January, 1905. 2. The date of decisions to open such 
reservations for settlement. 3. The names of applicants, in order of application, on the books of the 

^ various agencies and sub-agencies, for each quarter section, at the date when the entry was granted. 
Presented 5th .July, 1906. —i)/r. ZaA;e Not printed. 

200. Return to an order to the House of Commons, dated 21st March, 1906, showing the number of 
applications for inspection received at the several land agencies in Manitoba and the Northwest for 
each month of the years 1904 and 1905, from homesteaders desiring to secure their patents. 2. The 
number of inspections made monthly from each agency. 3. The number of apijlications for inspec- 
tion on file 1st January, 1906, at each agency. Presented 5th July, 1906. — Mr. Lake. ..Not printed. 

201. Return to an address of the House of Commons, dated 2nd April, 1900, for copies of all correspond- 
ence between the pilotage commissioners, the secretary of the Board of Pilot Commissioners, or any 
of the officials of that board, at Sidney, Cape Breton, and the department of marine and fisheries, 
or any of the officials of the said department, and all orders in council, regulations, memoranda, 
books, documents and papers, showing ; (1) the amount paid into the pik)ts' retiring fund in each 
year from the 31st December, 1890, to 31st December, 1905, respectively ; (2) the amount paid into 
the pilots' widows' and orphauo" relief fund from 31st December, 1896, to 31st December, 1905, 
respectivelj' ; (3) the disposition made of the said funds in each year during the above-mentioned 
period ; the amount on hand on the 31st December, 1905 ; the interest it b^rs ; where it is deposit- 
ed ; the security for its safety for the benefit of the widows and orphans of the pilots ; (4) the amount 
on hand in these funds, respectively, on 31st December, 1896. Also all other con-espondence, if any, 
bearing on this matter. Presented 5th Jvily, 1906. — Mr. Boyce Not printed. 

202. Return to an order of the House of Commons, dated 14th March, 1906, showing (a) how many 
wrecks occurred in the river and gulf of St. Lawrence during the season of 1905 ; {h) the names, 
tonnage and character of the vessels so wrecked ; (c) whether such wreck resulted in a total loss of the 
ship and cargo, or either, in any and what cases ; (d) to what causes each of said wrecks were 
attributable ; (c) whether any inquiry was held in any and what cases. Also for a copy of all reports, 
evidence, correspondence, documents and papers, relating to or connected with the said wrecks, the 
inquiries concerning the same, and the loss thereby occasioned. Presented 5th July, 1906. — Mr. 
Borden (Carleton) Not printed . 

2020/ Return to an address of the Senate, dated 15th March, 1906, for a copy of all the instructions given, 
of all the evidence heard, of the judgment rendered, and of all communications exchanged on the 
subject of the wreck of the steamer Bavarian last autumn upon the Wye rocks, and of the inquiry 
held thereinto, as well as of the correspondence exchanged between the department of marine and 
fisheries and any person whomsoever regarding the choice of the judge holding the inquiry and of his 
assessors. Presented 23rd April, 1906. — Hon. Mr. Landry Not printed. 

30 



5 Edw. VII. ■ List of Sessional Papers. A. 1906 



CONTENTS OF VOLUME U— Concluded. 

203. Return to an order of the House of Commons, dated 28th May, 1906, for copies of all correspondence 
between any minister of any department and the company of the port of Chicoutimi or any other 
company or person regarding the dredging of the Saguenay down to the present year. Presented 
7th July, 1906.— Mr. Girard Not printed. 

204. Return to an address of the House of Commons, dated 23rd April, 1906, for a copy of all orders in 
council, reports, letters, telegrams, communications, documents and papers of e\ ery kind, relating 
to the establishment, acquisition, construction, enlargement and maintenance of a hospital for 
trachoma patients at or near Halifax, N.S., including a statement of all sums of money expended in 
connection therewith, whether for establishment, acquisition, construction, enlargement or main- 
tenance ; also a statement of the person or persons to whom such moneys were paid, the amount 
paid in each instance, as well as the date of payment, and generally all particulars concerning the 
said hospital from the time when it was first established. Presented 7th July, 1906. — Mr. Wilson, 
(Lennox and Addington) Not printed. 

205. Return to an order of the House of Commons, dated 14th March, 1906, showing in the case of every 
homestead against which, during the year 1904 and 1905 a report of non-compliance with the law, 
or a demand for cancellation has been received by the Dominion land office or offices : giving (a) the 
location of said quarter section range, township a«d meridian ; (6) the name and address of the party 
by whom the original entry was made ; (c) the name and address of the party or parties (if there 
have been several) who endeavoured to lodge cancellations ; {d) the reason alleged by complaints why 
cancellation of entrj' sliould be allowed ; (e) whether warning of threatened cancellation was served 
upon the alleged delinquent ; (/) the action taken by the department in each case. Presented 9th 
July, 1906. — Mr. Amen Not printed. 

206. Return to an order of the House of Commons, dated 30th April, 1906, showing in detail for each year 
from 1891 to 1895, inclusive : 1. A statement of all goods supplied to Mr. Speaker's apartments, and 
the amount paid therefor. 2. An inventorj' of all goods in the apartments taken on the vacation of 
the office of Speaker, by Mr. Bain, Mr. Brodeur and Mr. Belcourt and any reports of the Clerk of the 
House, the Serjeant-at-Arms, or other officer, with reference to the inventories, the goods supplied, 
their condition Hnd the care and disposition of the same. 3. A copy of all correspondence had by 
the Speaker, any member of the Internal Economy Commission, the Clerk of the House, the Audi- 
tor General, or any of the other officers of the House of Commons, in reference to the purchase, pay- 
ment, checking, distribution, replenishing, disposal or care of the same. 4. A copy of all resolutions 
passed by the Internal Economy Commission in reference to the above matters. Presented 9th July, 
1906. — Mr. Lancaster ■ Not printed. 

207. Return to an address of the House of Commons, dated 23rd April, 1906, for copies of all correspon- 
dence since 1896 between the Government of Canada, or any member thereof, and the German or 
British Governments, or any person or persons officiallj' or otherwise representing those govern- 
ments ; and copies of all documents and papers in possession of the government, respecting the 
tariflfs of Germanj' and Canada, in relation to each other. Presented 11th July, 1906. — Mr. Arm- 
strong Not printed. 



5-6 EDWARD VII. SESSIOiNAL PAPER No. 18 A. 1906 

HJEPORT 



CONCERNING 



CANADIAN ARCHIYES 

FOR THE YEAR 

1905 

IN THREE VOLUMES 

{Being an Appendix to the Report of the Minister of Agriculture) 

VOLUME I 

PRINTED BY ORDER OF PARLIAMENT 




OTTAWA 

PRINTED BY S. E. DAWSON, PRINTER TO THE KING'S MOST 

EXCELLENT MAJESTY 

1906 
[No. 18—1906.] 



5-6 EDV/ARD VII. SESSIONAL PAPtrt No. 13 A. 1906 



ARCHIVES BRANCH 1905. 

The Honourable S. A. Fisher, M.P., Minister of Agriculture. 
George F. O'Halloran, B.C.L., Deputy Minister. 

CLERKS. 
Miss M. Casey, Miss M. Greaves, Miss F. McDonald, Miss M. Robertson. 

A. Archambault, F. J. Auclet, B. Boutet, A. G. Doughty, A. Duff, H. R. 
Holmden, R. Laidlaw, Dr. L. M. Pelletier. 

GENEALOGIST. 
Placide Gaudet. 



18— A^* 



5-6 EDWARD VII. SESSIONAL PAPER No. 18 A. 1906 



REPO RT 

COXCERXING 

CANADIAN ARCHIVES 

FOR THE YEAR 1905 

IX THREE VOLUMES 

CONTENTS OF VOLUME I. 

Staff of the Archives Branch in the year 1905. 

Report concei'ning Canadian Archives, with index. 

Instructions to Governors (second part). 

Imperial orders in Council re Prince Edward Island, 1767. 

Plan of York in 1823. 

Archives of the Fortifications of the Colonies, and list of additional documents in 

the Bibliotheque Nationale. 
Plan of the Fortifications of Quebec, by de Lery. 
Letters of Yaudreuil, Levis and Dumas in 1760, from copies supplied by M. de la 

Rogerie. 
Plan of the Battle of Ste. Fo}', in 1760. 
Memoire sur la Navigation du Canada. 
Plan of Quebec in 1660. 

Summary of documents concerning the Colonies, with index. 
Journal of " Le Formidable ", in 1757, from copy supplied by M. de la Rogerie. 
Journal of " LTnflexible ", in 1757, from copy supplied by M. de la Rogerie. 
Genealogy of the famiHes of Beauce. 
List of documents received from Europe. 
List of books presented to the Archives. 



CONTENTS OF VOLUME IL 

1. — Journal and Census of the Sieur de la Roque, with plan. 

2. — Genealogy of the families of the Island of Orleans. 

3. — Acadian genealogies and documents concerning the expulsion, with index. 



CONTENTS OF VOLUME III. 

Documents concerning the Constitutional History of Canada, with index. 

V 



5-6 EDWARD VII. SESSI'ONAL PAPER No. 18 A. 1906 



To the Honourable S. A. Fisher, M.P., 

Minister of Agriculture. 

Sir, — During the past year the work of the Archives Branch has been conducted, 
as far as possible, on the lines marked out in my report for 1904. The principal task 
which we have undertaken for the advancement of historical science, is an investigation 
or critical examination of the archives of the Dominion, with a view of publishing a 
book of reference, or general guide, for the service of future enquirers. It would seem 
that little argument is requisite to prove that the first thing to be done in order to 
render the information contained in the mass of our records available to the public, is 
to let the public know what records exist and where they are to be found. Although 
our investigation, for the purpose of a guide, is at present limited to Canada, I hope 
that it will be merely the introduction to a work embracing the archives of the United 
States and Europe, in so far as they relate to this country. From the indications given 
in such books of reference, selections might be printed under the title of Materials for 
the History of Canada. In the present volume a summary is printed of the archives 
found on the Island of Orleans. A similar report has been prepared for many other 
parishes, but as the information to be derived from the whole Dominion is to be 
systemati(?ally arranged and printed, it is not desirable to give further details here. In 
the Province of Quebec the examination has been conducted under direction of the Rev. 
P. M. O'Leary, D.S.O., sometime Professor of History in Quebec. To facilitate the 
object we have in view, His Grace the Archibishop of Quebec has issued a letter to the 
clergy of his diocese, inviting them to co-operate in the work of the Branch by giving 
free access to their papers. In the winter months, when travelling was difficult, the 
Rev. Mr. O'Leary devoted his time to an examination of the archives of the Bishop's 
Palace. There is, of course, much work to be accomplished before the whole of the Pro- 
vince can be visited, but the value of what has already been done may be ascertained 
from the summaries here published. The plan we have adopted appeal^ to meet with 
the approval of scholars and the custodians of records, and private inviduals have ex- 
pressed a desire that their collections should be calendared for the public service. 

Dr. James Hannay, F.R.S.C., the historian, has been engaged to investigate the 
Archives of the Maritime Provinces. He has already made several excellent reports on 
the papers he has examined, and he has also prepared a general report, which is here 
quoted, — 

" Having been selected by the Minister of Agriculture to examine into and report 
" on the Historical material in the Maritime Provinces, available for a History of Canada, 
" I proceeded to Halifax in the first week of July, 1905. I selected Nova Scotia as the 
" most proper field to begin my work because it is the mother colony of the Maritime Pro- 
" vinces, and also because its Archives have been better attended to than those of either 
"New Brunswick or Prince Edward Island. 

" The term Nova Scotia, is popularly held to be identical with the old French 
"Province of Acadia and for ordinary purposes this definition is correct enough, but a 
" reference to the original charters shows very great differences in their meaning and 
" the words Acadia and Nova Scotia have both represented very different areas of territory 
" in times past. 



iii OAFADJAzY ARCHIVES 

5-6 EDWARD VII., A. 1906 

" The Acadia which was granted to De Monts in 1603 had no western boundary, 
but extended north and south from the 40th to the 4Gth degree of north latitude. It 
therefore included all the territory which now comprises the New England States, 
New York and the larger part of Pennsylvania. The French, however, never sought 
to enforce the extreme claim and in the first half of the seventeenth century did not 
seek to hold any territory farther west than Penobscot. 

" But in 1 697, Villebon, Governor of Acadia, informed the Governor of Massachusetts 
that he claimed the Kennebec to be the western boundary of Acadia and that any 
vessel trading east of that river would be seized. Yet very soon after the surrender 
of Acadia to Great Britain by the Treaty of Utrecht, the French claimed that Acadia 
only meant the Peninsula of Nova Scotia south of the Misseguash River. The French 
enforced this claim at a later period by armed occupation, and, in fact, continued to 
control the territory now called New Brunswick until after the fall of Quebec. The 
Island of Cape Breton was not included in the Acadia surrendered by the Treaty of 
Utrecht. 

"Nova Scotia, as granted to Sir William Alexander in 1621, had the St. Croix 
River for its western boundary and extended as far north as the St. Lawrence, so 
that it included not only New Brunswick and Nova Scotia but also the Gaspe 
Peninsula. After the capture of Port Royal in 1710, the Governor of Nova Scotia 
claimed jurisdiction over all the territory east of the St. Croix and this river continued 
to be the boundary of Nova Scotia until 1784 when the territory north of the Misseguash 
was separated fi'om it and became the Province of New Brunswick. 

" The Island of Cape Breton at the same time had a separate Government, but this 
ceased in 1820 when it was united to Nova Scotia and since that time there has been 
no change in the boundaries of Sir William Alexander's ancient colony. 

" As Nova Scotia was originally colonized by the French, then settled by a colony 
of Scotchmen, again occupied by the French, then tield by the English during the 
Protectorate of Cromwell and the reign of Charles II for sixteen years — again restored 
to the French and finally conquered by the English and ceded to them by treaty, it 
follows as a matter of course that we must look to many sources for its history. It is 
only in recent years that any progress has been made in elucidating that part of its 
stoi-y which relates to the Scotch colony in Acadia, and much yet remains to be dis- 
closed in regard to this interesting period. A great deal of what has been written 
in regard to that early time is little better than guess work and most writers are 
content to follow Charlevoix who wrote a full century after the Scotch had disappeared. 
Yet some members of the Scotch colony undoubtedly mingled their blood with that 
of the Acadians and became the founders of Acadian families which still exist in Nova 
Scotia and New Brunswick. It is very desirable that further light should be shed 
on the story of the Scotch colony. 

" Another period of Acadian history which is very obscure is that relating to the 
contest between d'Aulnay Charnisay and de la Tour. We know something about the 
contest between these two men but not enough to satisfy a reasonable curiosity. The 
slightest study of the orders of the King in regaid to these rivals will serve to show 
that there must have been underlying causes which have not been disclosed to account 
for the changes of policy with regard to them. These changes can hardly be under- 
stood without a close study of the history of France between 1635 and 16.50. This 
period included the attainment by Richelieu of the summit of his power,its partial eclipse 
and his death in December 1642, the death of Louis XIII a few months later, the 
rise of Mazarin to power and the regency of Anne of Austria. These changes of 
rulers involved many changes of policy and the internal peace of France was much 
disturbed, so that we need not be surprised at the uncertain attitude of the Govern- 
ment with regard to the rival chiefs of Acadia. The characters both of la Tour and 
his wife have been aspersed by the writings of the Menou family, but their ex parte 
statements are hardly to be taken seriously. 

" Another period of Acadian history which is only just now becoming better known 
is that which relates to the connection of Sir Thomas Temple with the Province. To 
make this clear it has been necessary to go not only to the English state papers, the 



REPORT OF THE ARCHIVIST ix 

SES'SIONAl- PAPER No. 18 

" records of the Privy Council, but also to the Archives of Massachussetts. These 
" remarks are made for the purpose of illustrating the difficulties which lie in the waj' of 
" a thorough understanding of Acadian history and to show that he who wishes to be 
" well informed upon it must not be content to merely study the material at his hand, 
" but must seek many distant fields for the purposes of research. 

" It is now more than half a century since the first step was taken in Nova 8cotia 
*' to collect and preserve the records of that Province. A commission was appointed by 
" the Gpvernment at the request of the Legislature for the purpose of effecting this 
" object and by great good fortune Mr. Thomas B. Akins was selected to do the work. 
" The zeal, indus'^^ry and energy displayed by Mr. Akins could not have been surpassed, 
" and the result is a collection of records which, although not complete, is a wonderful 
" result of the work of one man for a quarter of a century of his life. 

" As soon as I arrived at Halifax I placed myself in communication with Mr. Harry 
" Piers who has the custody of the Archives of the province and who is also the curator 
'■of the Museum. I was received by him with the greatest courtesy and during the 
" whole period of my stay in Halifax I received from him every attention possible, for 
" which I wish to express m}- thanks. Indeed every person in an official position in 
"Nova Scotia that I met, from the Premier down, seemed anxious to favour my views 
" and to show me attention. As the Archives are kept in the Province, and the 
'' Museum is the Burns Building, Mr. Piers, who has to remain in the Museum 
" most of the day, is unable to give much of his time to the Archives. For that reason 
" the work of collection seems to have come to a standstill in Nova Scotia. But consider- 
" ing the unwillingness of the average legislature to expend money for such objects, 
" we ought to be thankful for what has already been accomplished. The room in which 
" most of the Archives are kept is a Committee room of the Legislative Council and 
"connected with it. It therefore does not belong exclusively to the keeper of the 
" Archives, so that he was unable to give me the right to work in it as I wished, and for 
" several days my work was done in the Legislative Library, which is just opposite, and 
" into which the books were brought one by one. This arrangement, however, did not 
"last long. The Hon. M. H. Goudge, the President of the Legislative Council, came 
" into the Library one day and learning the work I was engaged in at once placed the 
" room at my disposal so that I was able to consult the Archives Avith much greater 
" convenience. In fact, during the months I was in TIalifax, that room was practically 
" my own to be used night or day, and I availed myself to the fullest extent of the 
" privileges thus obtained, and spent nearly all my evenings in it. It was no small task 
"to go through about 500 large volumes of documents and obtain an idea of their 
" contents, but this had to be done to enable me to make a complete report. 

" The Archives of Nova Scotia may be divided into four classes — those that relate to 
" the French occupation of the country ; those connected with the pvirely military occu- 
"pation of Annapolis from 1710 to 1749 ; the papers and documents subsequent to the 
" later date when Halifax became the capital of the Province, and the papers relating to 
" the Island of Cape Breton. There are only three volumes of French documents in the 
"collection and these appear to have been obtained from Quebec about fift}' years ago. 
" They are transcripts of the documents originally obtained from the Bureau of Marine 
"in Pai'is. The first of these volumes contains papex^s of the period between 16-32 and 
" 1699 ; the second, papers from 1700 to 1749 ; about half of them relate to events that 
"occured prior to the capture of Port Royal in 1710 ; the third volume contains papers 
"from 1614 to 1751 including the correspondence of the priests in Acadia with the 
"authorities of Quebec. It will be seen that these documents are very incomplete in 
" comparison with the mass of papers that have since been brought to light concerning 
" Acadia and which are now among the Archives at Ottawa. The most valuable docu- 
"ments are the letters of the Governors of Acadia between 1692 and 1710, the Diary of 
" Governor Villebon and the correspondence of DesGoutin, Bonaventure and other offi- 
" cials with the Minister in Paris. 

"There are 24 volumes relating to the afiairs in Nova Scotia between 1710 and 
" 1749. At that time there were no English settlements in the Province and the only 
" places that were held by the British were Annapolis and a small post at Canso. 'These 



CANADIAN ARCEIYES 



5-6 EDWARD VII., A. 1906 



" 24 volumes include letters to and from the Governors and Lieutenant Governors of Nova 
" Scotia, letters to and from the Board of Trade, Commission books. Minutes of Coun- 
" cil, etc., and appear to be quite complete. 

" The papers relating to the Island of Cape Breton number 26 volumes beginning 
" in the year 1773 and extending to the year 1835. Cape Breton was annexed to Nova 
" Scotia in the year 1820 against the wishes of most of the inhabitants and since then has 
" lost its identity, and all the other papers relating to it are to be found among the Nova 
" Scotia documents. There is a very interesting volume, number 26, of the Nova Scotia 
" Archives, which contains a register of the marriages, births and deaths of Port Royal and 
"vicinity from the year 1702 to 1728. This volume has already been copied for the 
" Archives of Canada. Much of the interest connected with it is due to the fact that 
" autograph signatures of all the leading men of Acadia during the last year of the 
" French Government of Port Royal, Brouillan, Subercase, Bonaventure, Pontif, 
" DesGoutins, Charles LaTour, St. Castine the younger, and many others are contained 
" in it. 

" The volumes which relate to the history of Nova Scotia from 1749 upwards num- 
" ber about 440 and are very complete. They comprise despatches from the Lords of 
" Trade and Plantations to the Governors of Nova Scotia in the early days of the colo- 
" nies and from the Governors to the Lords of Trade and to the Secretary of State, Minutes 
" of Council, miscellaneous documents on special subjects, public accounts, census returns 
" and many other matters. About one hundred of these volumes were in the vaults of 
" the Provincial Secretary when I went to Halifax, whei-e, from want of sufficient room 
" to examine them, they were not available, but at my request the Deputy Provincial Secre- 
" tary, Mr. Mathers, had them removed to the shelves where the Archives are deposited, 
" so that all the volumes relating to the history of Nova Scotia are now together, 
" with the exception of the original Minutes of Council. Copies of the latter down to 
" the year 1810 are among the other Archives. 

" After examining the whole of the five hundred volumes of Archives in the Com- 
" mittee room of the Legislative Council, I turned my attention to the papers deposited 
"in boxes in the attics of the Province building. These boxes are sixty-one in number 
" and in their present condition are not readily accessible. They contain a great variety 
" of documents, a list of which will be found in my final report. It is to be regretted 
" that they are not more readily available, but with the present limited accomodation 
" afforded by the Nova Scotia Province Building, there appears to be no remedy. Mr. 
" Piers has succeeded in obtaining from the military authorities 270 volumes of letter books, 
" and order books relating to the garrison in Nova Scotia and ISew Brunswick. Among 
" these are 91 volumes of general orders issued at Halifax from 1783 to 1903 ; two 
" volumes of general and garrison orders, 68 volumes of garrison orders issued between 
" 1814 and 1903, 6 volumes of other orders, 16 volumes of general orders issued at 
" Frederiction, and 6 volumes of district and garrison orders also issued at Fi^ederiction, 
" 2 volumes of memorandums, 18 volumes of general orders issued at Halifax, and District 
" Orders at St. John ; 4 volumes of garrison orders issued at St. John and 1 volume of 
" army medical correspondence. 

" A complete list of the contents of these 270 volumes will be found in my final 
" report. 

" These are but a portion of the military correspondence that was at one time in 
" Nova Scotia. I understand that many of the other volumes are now in the depart- 
" ment of Archives at Ottawa. There are also in care of the Nova Scotia Archivist, 
" 332 Military Maps and plans connected with the fortifications and garrisons in Nova 
" Scotia and New Brunswick, some of them of ancient date. A list of these will be 
" found in my report. 

" Having disposed of this collection I turned my attention to the Crown Land 
" Office where all the grants issued in Nova Scotia were registered up to the year 1854. 
" Since then such grants have been recorded in the Office of the Registrar of Deeds of 
" the County where the land granted is situated. These grant books are in perfect 
" order and easily accessible and the Officer in chai'ge of them, Mr. Austin, is always 
" ready to show them to those who have reason to consult them. Among the other 



REPORT OF THE ARCHIVIST xi 

SESSIONAL PAPER No. 18 

Halifax establishments which I visited were the offices of the Registrar of Deeds and 
the Prothonotary, and the office of tiie Register of Probates. I made a complete list 
of all the volumes in these offices. But perhaps the most notable collection of histor- 
ical material is what is known as the A kins collection, which was gathered by the late 
Mr. Akins, the Nova Scotian Archivist, in the course of his long life. This collection 
is now the property of the Nova Scotian Historical Society and is kept in a room at 
Dalhousie College, but at present it is not in such a condition as to be easily accessible. 
A mere catalogue of this collection would fill a large volume, so that I contented my- 
self with copying out that portion of it which more immediately relates to the three 
Maritime Provinces and even this condensed catalogue would make a large pamphlet. 
There are not many manuscripts, but almost every thing in the shape of a book 
or pamphlet which relates to the history of the thi'ee provinces is to be found here. 
There are also many newspaper files. The late Governor of Nova Scotia, Hon. Alfred 
Jones, had made a large collection of portraits of persons connected with Nova Scotia 
numbering 200 or more and these are kept at Government House. I made a list of 
them for the benefit of persons who may wish to obtain copies of the portraits of our 
famous men. Mr. J. J. Stewart, editor of the Halifax Herald, has also a large collect- 
ion of portraits and of pamphlets. There are also a considerable number of portraits 
in the Province building and in the Provincial Museum. 

" In November I took a trip to Sydney and examined the Records of the Registry 
Office there and likewise the Register of the Parish of St. George at Sydney which 
contains the l^irths, deaths and marriages beginning in 1785. St. George remained 
the only parish in Cape Breton until 1828. This register is in the possession of the 
Rector, the venerable Archdeacon Smith, D.D. The first record book ends in the 
year 1805. This register is complete to the present day with the exception of the 
baptisms from May 1849 to January 1852. While in Sydney I was fortunate enough 
to have an opportunity to examine a valuable private collection that of the late Judge 
Dodd. These were the papers of his grandfather, the first Chief Justice of Cape Breton, 
who was a notable figure in the public life of that colony. A full account of the 
contents of these papers will be found in my final report As the season was not 
favorable for travelling in Cape Breton, I returned to Halifax and on my way back 
stopped off at Antigonish where I examined the books of the Office of the Register of 
Deeds which begin in 1874. I also visited the College and made arrangements to 
obtain a list of the records. 

" Among the valuable historical material in Halifax, are the files of the Acadian 
Recorder newspaper from the year 1 8 1 .3 to the present time. This paper is still in 
existence and the files are w^ell pre^served by the proprietor, Mr. Blackadar. There 
are also numerous files of newspapers in the Legislative Library a full list of which 
will be found in my report. 

" Among the most important records to be found in Halifax are those connected 
with St. Paul's Church. This church was founded immediately after the settlement 
of Halifax in 1749 and it was the only place of worship of the Church of England in 
Halifax until the year 1827. It was for 92 years the garrison church for the army 
and navy stationed in Halifax and the church itself has been the burial place of a 
great many distinguished persons connected with the early history of Nova Scotia. 
The books of the church contain a record of nearly twenty-three thousand baptisms, 
ten thousand marriages, and sixteen thousand burials. There are thirty-six volumes 
of records connected with the church forming one of the most complete and interesting- 
series of books to be found in connection with the history of any province. When I 
left Halifax to begin work in Fredericton, it was by no means because my researches 
there were completed, but I had examined and catalogued everything that w^as 
immediately available and in sight, and the work that remained to be done there 
required more research and a greater degree of patience, because it is impossible for a 
mere sojourner in a strange city to obtain access to private documents and records 
which might be made available for historical purposes. To do this is a work of time 
and I felt that for some time I would be better employed in examining into the 
material in Fredericton in connection with the history of New Brunswick which 



i CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

could be reached at once. In both provinces there are collections of private docu- 
ments especiall}?^ relating to the period of the Revolution which it will be necessary 
to take an account of before the history of the two provinces can be fully told. 

" Having disposed of most of the material immediately available in Halifax I went 
to Fredericton and addressed myself to the difficult task of examining the historical 
documents in the possession of the Provincial Government. Unlike Nova 8cotia, the 
Province of New Brunswick has never made any S3^stematic attempt to take care of 
its Archives, so that my work not onh' included examining them but discovering their 
whereabouts. 

"Up to the year 1784 when it became a separate province the history of New 
Brunswick is included in that of Nova Scotia, but as the French claimed that the 
limits of Acadia as surrendered by the Treaty of Utrecht, were confined to the Penin- 
sula of Nova Scotia, they continued to hold a more or less efficient possession of the 
territory of New Brunswick until the fall of Quebec. Therefore many of the records 
connected with the territory now known as New Brunswick are to be found in the 
French documents relating to Quebec and Cape Breton. It was to New Brunswick 
that many of the Acadian refugees fled after the ex^Dulsion of 175.5, and more than 
80,000 of their descendants live in the province to-daj^ 

"About half a century ago three volumes of French documents relating to the 
early history of the province were obtained from Quebec, being transcripts of docu- 
ments in the Bureau of Marine in Paris. Of these I have made a complete list or 
calendar. Since then hardl}^ an3^thing has been done in the way of preserving the 
Archives of the Province, some portions of which are allowed to remain in private 
hands for months and even years at a time. In 1902 and 1903 I made an index of 
the Legislative papers of the Province from the meeting of the first Legislature in 
1786 down to the year 1858. This index fills two large volumes and by means of it 
reference can be had to any papers between these dates. The papers themselves are 
kept in cabinets in a large vault, safe from fire and pi'operly arranged. Previous to 
this time a Mr. Miner had collected and put in order a number of papers which were 
in the garrets of the Departmental Building and these, with the permission of the 
Government, I have brought down to a room, in the Parliament Building where thej^ 
are accessible, and I have also made a list of them. These papers relate to the offices 
of the Provincial Secretary, Board of Works, and Surveyor General and many of them 
are of great importance. The papers of the Executive Council were also kept in the 
garret of the Provincial Secretary's office, but have been removed by the Clerk of the 
Executive Council to a more suitable location and are being properly catalogued. 

" These papers, of course, contain the inner history of the Pi'ovince and supplement 
the minutes of the Executive Council, which in some cases are quite full and in others 
very meagre. The Legislative papers and the papei's of the Executive Council must 
be read together for the purpose of reaching a proper understanding of the facts of any 
case which came before the House of Assembly. For instance at the first election 
which was held in 1785, in the city of St. John, there were two sets of candidates, the 
nominees of the more aristocratic element and those of the democracy. As no legis- 
lative enactment fixing the qualifications of a voter was in existence, the Governor in 
Council dealt with that matter and gave a vote to all persons who had resided for 
three months in the pi'ovince. At the close of the poll it was found that the Demo- 
cratic candidates had a large majority of the votes cast. A scrutiny was immediately 
demanded and was held by the SheriflF, Mr. Oliver, who struck off 180 votes from each 
of the six men who had a majority of the votes cast and declared the nominees of the 
aristocratic element elected. As the men whose votes were objected to and struck off 
had been residents as long as the others, the whole affair looks like a high handed out- 
rage. The defeated candidates petitioned the Legislature for redress but received 
none, the technical ground being raised that they should have objected to the proceed- 
ings of the Sheriff. The Legislative papers give the petitions, but on reference to the 
Executive Council papers the whole story is made more clear, because there are to be 
found the various documents that passed between the Sheriff and the candidates 
reciting the facts, and also the statement of the Sheriff thereon. The sequel to this 



REPORT OF THE ARCHIVIST xiii 

SESSIONAL PAPER No. 18 

" extraordinaxy proceeding was singular enough. The Legislature, determined not to be 
'• annoyed bv any more petitions, passed an act making it a criminal offence to present 
" a petition asking for any change in the government or the settled order of things, 
" unless approved of by the Grand Jury at the Quarter Session or by three or more 
"magistrates. It would seem from this that election frauds are not a-modern invention, 
" but flourished in full vigor in the eighteenth century and among a people whom we 
" have sometimes been taught to regard as examples to be followed. 

" With reference to my work in Fredericton, which is now practically completed, I 
" may say in a general way that I have made lists of all documents that I have been 
"able to reach and had them placed in such a position that they will be available for 
" the students of Canadian history. Nor am I without hope that the Provincial govern- 
" ment may at some not distant day establish a department of Archives and gather all 
" these precious documents together in some building where they will be safe from fire 
" and be propei"ly cared for. 

"The work that remains to be done in the Maritime Provinces is to obtain a list of 
" the historical documents possessed by the Government of Prince Edward Island, and 
" to visit each county seat for the purpose of obtaining the details of the historical material 
" there. Add to this the discovery of documents in private hands, the examination of 
" Church registers and the copying of inscriptions on ancient tombs where they relate to 
" the leading incidents of a man's life and enough will have been said to show that there 
"is still much work to be accomplished before our records will be complete." 

An examination of the archives has been commenced in Western Canada by Mr. 
Laidlaw, a member of our staff, with the able assistance of Dr. Bain of the Toronto 
Public Libraiy. It is desirable however, that more extensive operations should be con 
ducted in every part of the Dominion, because this enquiry has the effect of directing 
attention to the importance of preserving both public and private records. 

The number of historical enquirers is increasing; and it may be that we are begin- 
ning to feel the influence of the activity manifest by the people of the United States in 
everything which concerns their history — a history which for many years runs parallel 
with our own. Or, possibly, we may trace the revival of interest in our midst to the 
more ample leisure many now enjoy as a result of the general prosperity of the country. 
To whatever cause we attribute the movement, it is evident that there is a taste for a^ 
higher order of historical literature, and that scholars are turning their attention 
towards the construction of history on scientific principles. This is a most hopeful 
sign. But, before our students can reap the full advantage of the splendid heritage 
bequeathed to them by departed centuries, a great work has to be undertaken by the 
State, the magnitude of which is not at present realized. The volumes on our shelves, 
accessible to the public, are inadequate, either for the purposes of general history or of 
constitutional archaeology, not only in number, but in the nature of their contents. It 
has been our custom to pay little attention to documents that do not relate to matters 
within our present territorial limits. We cannot, however, treat Canada merely from 
the standpoint of the local historian. The scope of our research needs to be enlarged so 
as to bring together all the records illustrating every phase of our history. We find 
little in our Archives concerning the remarkable growth of the colonies, which at length 
provoked the jealousy of the two leading powers in Europe, and brought about the col- 
onial struggle between England and France ; and yet this period is of absorbing inter- 
est, and it affected our national development long before the history of the United 
States had a coherence of its own. 

It is true that the archives of various countries have been only partially explored 
on our behalf, even within the limitations I have mentioned. There is, possibly, a 



xiv CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

still richer field in which we have scarcely commenced to work. Under the French 
regime and under the English domination, we find a long list of illustrious persons 
whose careers were intimately bound up with Canada. In the hands of the descend- 
ants of many of these families there are priceless treasures, which must find a place 
in our archives before we are in a position to offer to our students the material for a 
comprehensive history. Some progress has been made during the past year towards col- 
lecting records of this nature. A few months ago an examination was made by Mr. 
Bio-c^ar of the Selkirk collection in Scotland, and over three thousand private papers 
were found which throw a flood of light on the state of Canadian society between 1810 
and 1830. The Durham papers, which, no doubt, will prove of special value, have been 
placed at our disposal for transcription, and the present Earl of Durham has generously 
offered to present some original documents to the Archives Branch. Two other import- 
ant collections, the Townshend and Chatham papers, have also been removed to the 
Public Record Office in London, in order that they may be examined by our represent- 
atives, and some originals were sent from the Archives of the Department of Finistere 
to Paris to facilitate our Avork. 

These are instances of what may be brought to light by research ; but the efforts 
that we are able to put forth in this direction are not in accordance with our require- 
ments. To carry out an extensive scheme for the collection of Canadian archives would 
seem to be a noble and patriotic work, well worthy of the serious consideration of the 
Government and of the members of both Houses. The adoption of such a plan would 
involve an increased expenditure for a time, but the outlay would be trifling compared 
with the advantages, immediate and future, to be derived therefrom. T think therefore 
that it should be our desire and our duty to gather the material for the student which 
will enable him to trace the progress of the centuries ; to record the trials we have under- 
c'one and the triumphs we have achieved ; to bring out in relief the characters and pas- 
sions which the ages have developed; to mark the institution of reforms and the exercise 
of energies, and to distinguish the opposing elements through which we have struggled 
towards political freedom. It may be argued that there is no undue haste for the 
acquisition of these records, since the sources may be available to us in 3-ears to come. 
We should not, however, overlook the fact that fire annually consumes countless records, 
and that many of them have ah-eady sufiered from damp and other agencies. But the 
strongest plea that can be urged for immediate action is, that students in Canada are 
at a disadvantage when compared with the students of Europe or the United States. 
In England, from time to time. Select Committees of the House have been charged with 
an investigation of everything concerning the preservation and publication of archives. 
After enquiries lasting for months, and taking the evidence of scholars and experts, the 
Committees have reported that the Public Records afford the most pure and ample 
sources of history, the best evidence of the progress of civilization, of the growth of 
institutions, and of the manners and customs of the country. Thej^ have also urged the 
necessity of inci-easing the knowledge of archives and of extending access to them. As 
a result of these investigations, students have the privilege of consulting the magnificent 
series of State Papers published by authority, and also the exceedingly useful volumes 
published by the Historical Manuscripts Commission, to which additions are made 
annually. The publication of these, and similar papers, has led to the revision of much 
of the history of England. 



REPORT OF THE ARCHIVIST xv 

SESSIONAL PAPER No. 18 

In the course of an examination by a Select Committee of the British House of 
Commons many years ago, the chairman put the following question to a well known 
author, " Do you think that owing to those causes a work so inaccurate as Hume's 
'' History of England, would find the currency in the present day that it did at the 
" time it was published ? " The answer given, was : — " I do not think it would. I wish 
" to speak with the highest respect of Robertson and Hume, two most eminent men. I 
" have heard that the demand for their works is much diminished, and I believe the fact 
" is so, but I think that it is to be ascribed, not to there being no demand for higher 
" historical literatui-e, but to these authors not having gone to the best sources from 
'■•which historical truth was to be drawn : these sources were not opened to them, at 
" least not so open that they could easily consult them, and therefore I do not mean to 
" say, they are to be blamed. Hume, I have heard, was shown the stores in the State 
" paper Office, or some other of the great Record Offices after he had gained a great 
" reputation by the publication of his first volumes. He was in London, and about to 
" continue his work, but his time was limited ; he looked on the uncatalogued array of 
" manuscripts in despair and contented himself with those printed materials which were 
" accessible." 

In most instances, I suppose, we derive our knowledge of the past through 
the medium of printed books ; but if the books were written with an imperfect 
knowledge of the facts, we are, of course, only imperfectly informed of what 
has gone before. It is no longer possible to leave research entirely in the hands 
of the individual, since this task has for a long time been accepted by great countries as 
the duty of the State. In France and the United States large series of papers are 
published annually which aid the cause of historical literature. The Provinical Govern- 
ments have from time to time printed valuable collections of papers. In the Dominion 
Archives, to which students should naturally turn, we have only calendars, many of 
which refer to papers not yet transcribed. These volumes are undoubtedly useful, 
although the student has often to seek abroad for what he might reasonably suppose 
would be found in our custody. Our literary men, for the most part, are able to devote 
only a portion of their time to building up a national literature, and the least that we 
should do is to furnish them with documents of a public character. In the Archives 
building there are about four thousand volumes of manuscripts, originals and transcripts, 
and when the papers now deposited in various buildings are arranged, there will be 
probably ten thousand volumes. Of these ten thousand volumes there will not be possibly 
more than five hundred which relate exclusively to the French regime. In my pi'evious 
report I have referred to what I consider the mistaken policy of expending large sums 
on the preparation of calendars abroad. The persons directing our copying in foreign 
countries are capable of determining what papers are of interest to Canada ; and more- 
over the calendars which we now possess of French documents, do not exhaust the 
papers of value to us, in the volumes from which they have been drawn. In calendars 
published twenty years ago papers have been referred to which have not yet been copied. 
When we have transcribed the whole of the documents, not selections, from any given 
collection relating to Canada, a summary can be prepared for publication much more 
'expeditiously from fair copies here, than from the originals, which are often difficult to 
decipher. There is now an accumulation of documents to be copied in France, a large 
portion of which were calendared years ago. I therefore beg to suggest that means be 
provided to increase our work in this respect. In the city of Quebec, in Three Rivers 



xvi CAXADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 
and in Montreal thei-e are collections of papers which should be transcribed. For one 
hundred and fifty years our history is French, and it is only reasonable that English and 
French students should seek the fullest information in the Dominion archives 
concerning this period. The seventeeth century is, indeed, the spring time of our history. 
It concerns an age when old world customs and institutions were transplanted to these 
shores ; and since the proportion of our records concerning the English domination is 
so overwhelmingly large, T trust that special consideration may be given to my sug- 
gestions. By a systematic effort, and a liberal expenditure for one year, valuable 
additions might be made to our French Records. In the collection, preservation, and 
classification of archives we are achieving something beyond meeting the demands of 
historical inquirers. These records are of benefit to the whole community. In the 
administration of Justice ; in the determination of civil rights ; plans and papers from 
our archives are frequently indispensable. 

In a country of such vast proportions as Canada, it is not possible to render the 
accumulations of the Archives Department accessible to all those who are, or who might 
be interested in them. It is desirable, therefore, to bring some of the representative 
documents bearing on the more important periods and problems of our history, within 
the reach of the rapidly increasing number of both Canadians and others who are mani- 
festing an interest in our history and institutions. 

The first volume prepared for this purpose contains documents relating to the 
Constitutional History of Canada, from the Cession to the Constitutional Act of 1791. 

The documents though arranged as nearly as possible in chronological order, may 
be classified under three groups. 

I. Purely formal or legal documents, such as terms of capitulation, treaties, pro- 
clamations, ordinances, and Imperial statutes, establishing or amending the constitution 
of the country. 

II. Documents expressing the wishes and aspirations of the inhabitants of the 
country as to their future government ; as also those discussing, shaping or setting forth 
the policy of Britain with reference to the government of Canada. These include 
petitions from the various classes and interests among the inhabitants of the country, 
I'eports from Governors, and declarations of policy on the part of the Home Govern- 
ment. 

III. Special Reports of an ofiicial nature, setting forth the actual condition of the 
country in its various interests, as a basis of information for those shaping the colonial 
policy and framing constitutional measures for the government of Canada. 

Several of the documents included are, of course, already in print, though not 
always in authentic form and some in such rare issues as to be found in only a few 
libraries. In all cases care has been taken to furnish accurate copies of the documents 
in their original form. 

Certain parts of some of the treaties, reports, c'irc., have only an indirect bearing 
on constitutional questions ; but it is considered advisable to give the documents in 
full, rather than to mar their completeness by presenting the essential portions onh^, in 
the form of extracts. 

These original soui-ces, it is hoped, will furnish the more essential materials, not' 
only for determining the actual constitution under which Canada was governed, but 
for arriving at an independent judgment as to the various sources of interest and policy, 
which gave to that constitution the shape which it actually took, as well as for estimat- 



REPORT OF THE 'ARCHIVIST xvii 

SESSIONAL PAPER No. 18 

ing the validity and expediency of alternative proposals which were discarded in 
adopting the course which was ultimately followed. 

Foot-notes have been furnished as to necessary matters of facts connected with 
persons, places or events, and also giving references to further sources of information, 
but no attempt has been made to interpret any of the documents. The index which 
has been prepared, will, it is hoped, increase the value of this volume. 

My own contribution to this useful work is very slight, I have mereh' collected and 
collated the documents, prepared the index, and made suggestions as to the method of 
arrangement. The editing of the volume, the valuable introduction and the notes, are 
the work of Professor Adam 8hortt, M.A., F.R.S.C, of Queen's University. 

The hearty co-operation accorded to the Archives Branch during the past year by 
scholars in the Dominion and the United States, will, I trust, extend to an organized 
co-operation in all parts where materials for history are to be found. There is evidently 
a desire for the exchange of information upon a reciprocal basis for the advancement of 
historical knowledge, and if this spirit is fostered, Canadian literature will benefit there 
by, and expense will be saved to the country. During my visit to the South and 
Mexico I found the authorities of the Universities and of Historical Societies, eager to 
give access to the Canadian records they possess, in return for information we may be 
able to offer them concerning their own special field of enquiry. 

The summary here printed has been prepared by the Rev. P. M. OLearv. The 
report i-efers only to a small portion of the papers I met with during the short time I 
was able to devote to this work. It is sufficient, however, to warrant future excursions 
in search of records. For access to the Kaskaskia papers I am indebted to Professor 
Alvord, of Urbana. Records of Kaskaskia and of Cahokia have been found from time 
to time in different places, but a large portion was believed generally to have been lost. 
The story of the re-discovery of these documents by Professor Alvord, is here given in 
his own words, forming part of an address delivei'ed before the Illinois State Historical 
Society, a few months ago : 

" It is as an agent of the Illinois State Historical Library that I am here this 
" morning to make a I'eport, containing an announcement of interest and importance to 
" students of the history of the Northwest, and particularh' of that of Illinois. The 
" Kaskaskia records long supposed to have been destroyed have been found. 

" Found is perhaps too strong a word, for they never were lost, but the tradition 
" of their total destruction has been given such wide currency by Mr. E. G. Mason in 
" his publications on " John Todd "' and John Todd's Record Book," and so deservedly 
" high has been the estimate placed on his historical statements, that for all practical 
" purposes they were lost. 

" Last summer the trustees of the State Historical Library sent me into Southern 
" Illinois to spend a month searching for historical materials. Much of interest was 
" found, but the recovery of these supposedly destroyed Kaskaskia papers was the most 
" unexpected and important find. Some information had reached me, before setting 
" out, that my search in Chester would not be unrewarded, for I learned from several 
" sources that record books and papers dating from the eighteenth century were in the 
" oflice of the circuit clerk, and I cherished the hope that where some were, others 
" might not be far off. 

" My task was far easier than I could have anticipated. After looking over three 
" old French record books, which were in plain sight on the shelves, search was raade 
" for further papers. No occult science was required. On top of the cases in the cii'- 
" cuit clerk's office, behind a cornice which surmounts them, were found three large 
" sacks and four paper packages full of old papers. Upon investigation half of them 

18— B* 



xviii CAXADIAN ARCHIVES 

§-6 EDWARD VII., A. 1906 

"proved to be French records written during the years 1720 and 1790. These number 
" 2,9-50, according to the count of the committee appointed by the commissioners of 
" Randolph county to make an inventory of the documents before sending them to the 
" Universitv of Illinois for m}' further study. Since many of the documents contain 
" enclosures, not counted by the committee, their number is probabl}' nearer 3,500. 

" Since the seat of government in Illinois was removed in 1772 by the British com- 
" mandant from Fort de Chartres to Kaskaskia, at which time the archives were 
" removed, we have in this collection papers drawn up both at the fort and at Kaskas- 
"kia. From 1772 until the year 1848 these papers remained in the latter town, when 
" they were removed to Chester, that city having become the county seat of Randolph 
" county. For many years the older papers, including the French ones, remained in the 
" drv goods boxes in which they had been brought from Kaskaskia. They stood for 
*' about ten years in an aisle of the court house and then were placed upon the landing 
"place of the staircase. Here they remained until about the year 1878, when the 
" deputy circuit clerk tied them in the packages and placed them where they were found 
" last summer. This disposal of the old French documents was soon forgotten, for when 
"Mr. Mason appeared in Chester the next year, he was informed that all had been 
" destroyed except the record book of John Todd, which, he says, was found in a recep- 
" tacle for fuel in the county clerk's office. 

" You will naturally be interested in learning what proportion of the old Kaskas- 
" kia records have been preserved. For making such an estimate there exists data of 
" two kinds, neither of which will give exact results, but which will yield us some idea 
" how great the loss has been. There is in " Reco*"d A'" of the Recorder's office in Bslle- 
" ville a copy of a receipt given by the first territorial recorder of St. Clair County, 
" "William St. Clair, to Francois Charbonneaux of the Virginia Court of Kaskaskia for 
" documents deposited by the latter in the archives of the recorder of the newly foundefl 
" territory. The receipt is dated at Kaskaskia, June 12, 1790. In it St. Clair describes 
'' six record books all of them more or less mutilated and four bundles of papers entitled 
" "Papier Terrier" and 1,308 bills of sale. 

" Unfortunately St. Clair limited himself to the external description of the record 
" books without describing their contents. At Chester there were found three registers, 
"but, since hard usage during the last century has left the books in a worse condition 
" than when delivered to the United States Government, I have been able to identify 
" only one among those described by St. Clair. Whether the other two are remains of 
" the books of his receipts I have no means of telling. Of the four bundles of " Papier 
" Terrier," which were lists of the land holdings on the royal domain drawn up in the 
" fourth decade of the eighteenth century, only a few sheets have been preserved. 
"Judging from the number of sales in the collection it is probable that very few have 
" been lost. 

" The second date made it possible to estimate the number of documents that were 
" originally deposited in the archives of Illinois during the eighteenth century, from 
" which we may judge what proportion has been preserved. One of the books of record 
" found in Chester is a series of indices of notarial acts drawn up at different periods. 
"The earliest list is alphabetical and covers the years from 1720 to 1756 : but since, 
" many pages have been lost from the indices of the earliest notaries in Illinois, we 
"must base our estimate upon that of Banois for the years 1737 to 1756, which has 
" been preserved in its entirety. He has indexed for these years 2,089 instruments, 
" either redacted by himself or deposited in his bureau by other.«. This gives an aver- 
" age of 106 a year. Since very few acts were drawn up in 1720 and 1721, I shall 
" reckon from the year 1722. If the average of 106 was maintained from 1722 to 1790 
" there were 7,208 notarial acts redacted during those years. 

"Two serious objections may be made to this estimate. The years from 1737 to 
*' 1756 were the most prosperous in the history of the eighteenth century, so that such a 
'' high average for this kind of act could not have been maintained throughout the 
<' period. The second objection is that the index includes only notarial acts and leaves 
j' out court records, depositions, papers drawn up by other officials, letters of instruc- 
ts tion, official correspondence, etc. Possibly these two errors may approximately offset 
4' each other, but I believe my total is too small, rather than the reverse. 



REPORT OF THE ARCHIVIST xix 

SESSIONAL PAPER No. 18 

" Another part of the index is of somewhat difiFerent character, for it contains a 
' list of papers received by the clerk of the court, arranged by years. In this case the 
' clerk has not separated his duties as notary and clerk, so that the index includes 
' papers of all kinds. Only a few years of the record have been preserved ; but since 
' these represent different periods, we have data up on which to base an average. By 
'years the number of acts is : 1737, 180 acts; 1752, 105 acts; 1758, 72 acts; 178.3, 
' 85 acts ; 1794, 82 acts. This gives an average of 105 acts each year, which is only 
' one less than obtained from the other data. Since this number does not include the 
'official correspondence of commandants and judges, or military papers of any kind, or 
' all the documents drawn up by the numerous officials of the governments, we must con- 
' elude that our estimate is too low, and that the total number was over 8,000. Since 
' the papers discovered in Chester will not exceed 3,500, between 50 and 60 per cent, 
' of the Kaskaskia papers have been lost. 

"Although I have not as yet made a careful study of these papers, it is possible to 
' indicate their character. The great majority of them are notarial minutes of instru- 
' ments drawn up in Fort de Chartres or Kaskaskia. They are almost all in the French 
' language and follow the formula- of the French law. The royal French notary was a 
' far more important official than the notary public of English law, for his acts had all 
' the legal force of a judgment of an American Court. In all affairs of life he was as 
' frequently present as the parish priest. He, in fact, plaj's the counterpart in civil 
' life to that of the priest in ecclesiastical. Like the latter he participates in marriages 
' and is found almost as frequently at the side of the dying. His assistance is i^equired 
' at the formation of partnerships, at the loan of money, at the return of the same, for 
' drawing up leases, at the settlement of estates, at the taking of inventories, at auctions, 
' at all contracts whether for the delivery of goods or for labour, and this last includes 
' apprenticeship. Thus his points of contact with the business and social conmiunities, 
' in which he moved, were almost limitless, and his was one of the most familiar figures 
• in an}' French town or village. In the Kaskaskia collection are examples of almost 
' every kind of act redacted by these officials. 

" No great addition to the sum of our knowledge of Illinois history has been made 
' by the finding of hundreds of such documents as these. Relatively little is to be made 
' out of their tiresome repetition of ' Before the royal notary in the Illinois.' Still 
' they are not to be neglected for careful study will reveal much. Their information in 
' regard to family histoines, to business methods, about the whole business and social 
' life of tliese Frenchmen is bv no means small. 

" The notarial instruments, although the most numerous, are by no means the most 
''• important. The palm must be given to the court records, whether in books or loose 
" papers. With the aid of these, and tliey are fortunately numerous, may be traced the 
" changing forms of government in this region as has never been done up to this time. 
" Among the papers are many petitions for justice and for the assignment of land dating 
" from all periods of the eighteenth century. Also depositions before various magist- 
" rates, reports of trials and the final executions of the decisions of the court are not 
" lacking. There are twenty pages of a record of the sessions of the court under the 
*'• French regime, very fragmentary in character, for so many pages have been lost. The 
■"first record is of a Session in the year 1737, the last in 1765. . For the English period 
*' there is no similar document, for whatever court records had been spared by time were 
" carried years ago to the Wisconsin Historical Library. There is evidence that the 
''• Virginia court founded by John Todd at Kaskaskia found difficulty in supplying its 
*' clerk with blank books, for the records of the sessions of the court are found scattered 
^' on loose sheets, and the blank pages of registers kept by previous clerks ; but there is 
*' nothing among the Kaskaskia papers for the Virginia period comparable to the full 
■" record of the Cahokia court preserved at Belleville. 

" Another class of papers corresponds to the books kept by our recorders. They 
*' contain the registry of promissory notes, donations, agreements of all kinds, occasion- 
" ally an ordinance or proclamation, letters of instruction, and action taken by the com- 
*' munity. For the French period there is a record book in which were kept the registry 



XX CAN A DIA X A RCHI VES 

5-6 EDWARD VII., A. 1906 

" of the appointment of guardians for minors and of the i^enunciation of communit}' of 
" goods by wives or widows. The book contains 68 pages, but only 32 were used by the 
" French court, the remaining being utiHsed by a clerk of the V^irginia court as a 
" record of deeds. The best preserved of this class of books is the one kept during the 
" English period. There were originally 444 pages in it, but 41 are now missing. It 
" contains copies of many documents of the previous periods, as well as newly redacted 
" acts. Some of these latter are in English but most of them are in French. 

" Still another class of papers is formed by letters, generally written to the magis- 
" trates in reference to legal matters, but they are not all of this character. The num- 
"ber from the French period is very small, from the British much larger and the same 
" is true of the latter period. There ai-e several letters from the Spanish commandant 
"in St. Louis to the British commander and later to the Virginia Justices of the 
"Peace. 

" The last class of documents can only be called miscellaneous. It is impossible to 
" make any general statement in regard to their general character ; but some of them are 
" the most interesting and valuable papers of the collection. 1 call your attention to 
" the earliest election returns in the Northwest. It is the announcement of the election 
"of two justices of the peace in May, 1779, at Prairie du Rocher. Another is a com- 
"bined voting list and ballot used in the election of 1781 at Kaskaskia. There were 16 
" candidates and 27 voters. There is also the paper containing the oath taken by the 
"people of Yincennes on July the 24th, 1778, renouncing their allegiance to George the 
"Third an<l taking oath to Virginia. 183 signed this paper, the great majority of them 
" making their mark. A paper from the British period is perhaps the most interesting 
"of all for it is a draft of a civil government for Illinois with certain popular elements. 
"The paper has neither date, place nor signature, but evidently emanated from the 
" military government about the year 1775. 

" From the description you see that the papers are for the most part private papers, 
"such as contracts, deeds, etc., with a large number of court documents of all kinds and 
" with a smaller number of documents issuing from the administrative officers of the 
"Government. To the layman such a collection might well appear as curious but hardly 
"of much historical value. But the historian sees in them valuable monuments of the 
" past, true remains of a past society. From these may be reconstructed the political, 
" social and economic structure of the community from which they have come. They 
" are for him what the footprints and bones of extinct animals in the strata of the rocks 
" are to the paleontologist. From the Kaskaskia papers, therefore, we may hope to 
" follow the changing fate of these French settlements of the Mississippi valley year by 
" year, as has never been done up to the present time. 

" Such are the Kaskaskia papers. Their recover}' must be regarded as an import- 
" ant event in the history of Illinois historical studies, since they throw light on every 
"period. of the eighteenth century. But their importance must not be exaggerated, 
" interesting as they are as records of a romantic period of our past ; for in reading the 
"crabbed hand-writing of these earliest documents of the northwest, the historian can- 
" not but feel that his enthusiasm is akin to that of the antiquarian, for from these 
" French settlers did not spring the forces that have made Illinois one of the great 
" states of our Union. Our true history begins with the coming of the Virginians, and 
"in so far as the Kaskaskia papers shed light on that event, they are of great historical 
" value. Only incidentally are the events connected with the names of Boisbriant, D' 
" Artaguiette and Delaloere Flancour of interest to the historian, his interest springing 
" from the love of truth and accuracy and his desire to know exactly what did occur 
" before the coming of the builders of the State ; but as soon as he reads in these papers 
" the names of Thomas Brady, of John Edgar and of Shadrach Bond, he realizes that 
" now he is studying live forces incarnated in the men who have assisted in the winning 
" of the west." 



REPORT OF THE ARCHIVIST xxi 

SESSIONAL PAPER No. 18 

REPORT OX THE KASKASKI\, KAOKIA AND FORT DE CHARTRES PAPERS, 

PRESERVED IN THE UXIV^ERSITY OF ILLINOIS, URBANA, ILL. 

PROFESSOR ALVORD, CURATOR. 

" Regi.stre des Insinuations de Donations, <fec., Au Siege des Illinois," Jan. 15th, 
1737-1769. This register was kept at Caskaskia until Dec, 1754 ; at Fort de Chartres 
until 1765, and at St. Louis until 1769. 

" Registre de la Mission de Cahokia — May 28, 1773 to Oct. 28, 1778. 

" Proceedings of the Court of the Committee of Cahokia, 31st Dec, 1778 to April 
30th, 1779. 

"Registre des Audiences par le juge de semaine commence le 9 Juillet, 1785— 
reforme le 14 Feb. 1786 a la cour tenue ce dit jour." 

" Record of Common Pleas of St. Clair Co. (Coakia) Oct. 1795 to 1796. 

Note — The foregoing are in bound volumes, and a good state of preservation. Tliey furnish an almost 
uninterrupted history of this important district from 1737 to 17%. 

THE CASKASKIA PAPERS. 
This immense collection of nearly 3000 documents of all kinds, has as yet not been 
thoroughly gone through ; the most that could be done in the meantime was to classify 
them under general headings and by periods, as follows : — 

1720 to 1729. Auctions 7 

Bills of accounts 4 

Business Contracts 30 

Certificates .... 2 

Contracts of Marriage 23 

Contracts of Service .... 14 

Court Records 14 

Declarations before Notary . . . r . . . 2 

Divisions of property ...... . 2 

Exchanges (Enclosure 1) 1 2 

Guardianship (Enclosure 5) 5 13 

Bailiff's Papers 4 

Inventories (Enclosure 1) 1 23 

Judicial Sales 2 

Land grants (Enclosure 1) 1 10 

Leases (Enclosure 1) 1 16 

Letters (Enclosures 3) . . . 3 3 

Miscellaneous . 8 8 

Notarial Receipts (Enclosure 1) 1 1 

Petitions 15 

Political Papers 3 

Power of Attorney 12 

Promissory Notes 9 

Receipts 1 1 

Sales (Enclosures 2) 2 70 

Settlement of Estates (Enclosures 4) 4 16 

Wills (Enclosure 1) 1 9 

1730 to 1739. Auctions (Enclosures 7) 7 3 

Apprenticeships 1 

Bills of Accounts 4 

Business Contracts 62 

Certificates 10 

(Contracts of Marriage 25 

Contracts for Service ..?...' 46 

Court Records (Enclosures 8) 8 10 



xxii CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

Declarations before Notary 8 

Donations 12 

Exchanges 2 

Guardianship (Enclosure 1) 1 9 

Huissier (BailifFs) Papers . . 4 

Inventories (Enclosui*es 3) ; .3 14- 

Judicial Sales 9 

Land Grants 5 

Leases (Enclosure 1 ) . . . . 1 14 

Miscellaneous 5 

IS otarial Receipts 1 

Petitions (Enclosures 4) 4 12 

Political papers 5 

Proces Verbaux 2 

Power of Attorney . 9 

Promissory notes 22 

Receipts 35 

Sales 107 

Settlement of Estates 11 

Wills 4 

1740 to 1749. Apprenticeships 2 

Auctions (Enclosures 3) 3 8 

Bills of Account 2 

Business Contracts (Enclosures 2) 2 95 

Court Records (Enclosures 9) 9 27 

Contracts for service (Enclosures 1) 1 54 

Declarations before Notary 6 

Divisions of Property 1 

Donations 7 

Exchanges 1 

Guardianships (Enclosures 9) 9 33 

Huissier (Bailiff's) Papers (Enclosures 1) 1 5 

Inventories (Enclosures 12) 12 42 

Leases (Enclosures 5) 5 24 

Letters 3 

Miscellaneous 1 

Notarial Receipts (Enclosures 5) 5 8 

Petitions (Enclosures 8) 8 33 

Political papers 1 

Proces Verbaux 6 

Power of Attorney 17 

Promissory Notes 72 

Receipts (Enclosures 7) 7 68 

Sales (Enclosures 16) 16 200 

Settlement of Estates (Enclosures 1) 1 37 

Wills (Enclosures 6) 6 14 

17.50 to 1759. Court Records 1 

Donations 2 

Exchanges 3 

Huissier (Bailiff's) Papers 8 

Judicial Sales 7 

Petitions 4 

Proces Verbaux 1 

Receipts 1 

Sales (Enclosures 3) 3 128 



REPORT OF THE ARCHIVIST 



SESSIONAL PAPER No. 18 
Wills 



1760-(i5. 



1765-78. 



1778-00. 



Auctions 

Bills of Account 

Contracts of Marriage . . , 

Court Records 

Division of Goods , . 

Donations 

Exchanges 

Huissier (Bailiff's) Papers 

Judicial Sales 

Land Grants 

Petitions 

Political Papers 

Proces Verbaux 

Sales (Enclosure 1) . . . . 
Settlement of Estates ... 



Auctions . 

Bills of Accounts 

Business Contracts 

Capias 

Certificates ...... 

Contracts of Marriage (Enclosures 4) 

Depositions before Notary 

Divisions of goods 

Donations 

Guardianships 

Inventories 

Judicial Sales 

Leases . 

Letters . 

Miscellaneous 

Notarial Receipts 

Petitions . . 

Politicial Papers 

Proce^ Verbaux 

Promissory Notes 

Receipts 

Sales (Enclosure 1) 

Settlement of Estates 

Wills 



Appeals 

Auctions 

Bills and Accounts 

Business Contracts 

Capias 

Certificates (Enclosures 1) 

Contracts of Marriage 

Contracts for Service (Enclosure 0) 

Court Records 

Declarations before Notary 

Division of Property . 

Donations 

Emancipation of Slaves . . . . 

Exchanges 



2 
3 

2 

6 
1 
1 
2 
2 

1 

1 

4 
2. 
2 
4 

10 
5 
1 
1 
7 

10 
1 
3 

U 
4 
1 

21 
3 
4 
8 

19 

30 
4 
1 

2 

7 

15 



6 

23 

10 

1.5 

7 

1 

1 

1 

7 



xxiv CA NA DIA N A RCHl VES 

5-6 EDWARD VII., A. 1906 

Guardianships (Enclosures 4) 4 20 

Huissier (Bailiff's) Papers 4 

Inventories (Enclosures 1)... 1 9 

•Judicial Sales . . 5 

Leases 5 

Land Grants 5 

Letters *. . . . -^S 

Miscellaneous , . 15 

Notarial Receipts 3 

Petitions (Enclosures 5) 5 116 

Political Papers 16 

Power of Attorney 9 

Promissory Notes (Enclosures 2) 2 16 

Proces Yerbaux (Enclosures 3) 3 8 

Receipts 20 

Settlement of Estates (Enclosures 5) 5 25 

Summons 9 

Wills 1 

Papers illegible it torn 115 

Church papers . 3 

Papers before 1720 ' 1 

2,763 
Enclosures 1 59 

Grand Total of Papers 2,922 

PAPERS IN THE POSSESSION OF MR. C. M. BURTON, OF DETROIT. 

In an appendix to this Calendar the full text of certain documents has been 
printed with the permission of Mr. Burton. 

This collection is of special local interest. It consists of originals and copies, 
letters, letter books, diaries, military orders and order books, Indian and French deeds 
and contracts covering more than two centuries in the history of Michigan and the 
Lake Region. 

The Cadillac papers (1669-1 745)^are copied from the Archives in Paz-is and relate 
to affairs connected with the early history of Detroit, missions among the Indians, wars 
and English troubles, Ac, kc. These papers are now being published in the Michigan 
Historical and Pioneer Society's Transactions Vols. 33 and 34. 

The Montreal papers which are copied from the records of notaries and courts in 
Montreal from 1682-1804 are accounts of agreements made with soldiers, interpreters, 
traders and merchants to go into the land*of the Indian, establishing trading posts and 
missions, strengthening those already there and later representing mercantile firms of 
Montreal and Detroit. Some of these papers relate to Cadillac. 

Next in importance and historical sequence are copies of the Records of St. Ann's 
Catholic Church, the first mission established in Detroit and still in existence and of 
the Church of the Assumption, a Huron Mission established on the Canadian side of 
the Detroit river. These records (20 vols.) cover the period from 1704 to 1842, giving 
dates of baptisms, marriages and burials of French Catholics and converted Indians. 

Following these come the original letters, papers, kc, belonging to several of 
the oldest French and English families in this part of the country. Among these are 
the Askin papers, containing the correspondence of two generations, accounts of fur 



REPORT OF THE ARCHIVIST xxv 

SESSIONAL PAPER No. 18 

trade, Indian troubles and land dealings. John Askin was a resident of Sandwich 
township, Province of Ontario, a meix-hant and fur trader. He served in the British 
Army but was retired when the war of 1812 broke out. He proudly boasts in one 
of his letters that he has four sons, ten grandsons and three sons-in-law in actual service, 
but he does not say that some of them were on the American side. He married into 
one of the old French families at Detroit and his papers and diaries give a curious 
picture of French, English and American interests from the standpoint of an English- 
man and British subject. Alexander Henry, the explorer, was a personal friend of his 
and they carried on a lively correspondence. He was closely related, in affairs of real 
estate, with Isaac Todd and James McGill, founder of McGill University, Montreal. 
Many prominent names appear in this collection : Arent Schuyler de Peyster, Jonathan 
Schiefferlin, Wm. Dummer Powell, Arthur St. Clair, George Washington, James Wilkin- 
son, William H. Harrison, Jos. Brant, the Indian, and Leisberger and Heckerwelder, 
Moravian Missionaries. 

The Williams papers contain interesting material on the war of 1812 and the Black 
Hawk War, both of which, together with the Askin papers on the War of 1812, have 
been published in the Michigan Pioneer Collection. 

John R. Williams was born in Detroit in 1782 and died in 1854. He prepared 
the first charter of the city and was its first Mayor. He was interested in military 
affairs, real estate, trade, kc, and held a social position among the first families. His 
papers are most valuable in connection with the industrial and social growth of Detroit, 
and among them are found such interesting names as Lewis Cass, Chas. J. Lanman, 
Charles Lamed, Judge James and B. F. H. Witherell, Abraham Edwards, Austin E, 
Wing, Gabriel Richards, Henry Rowe Schoolcraft, Solomon Van Rensselaer of N. Y, 
and Elias Boudinot. 

The Woodbridge papers are the letters, law briefs, account books, k,c. of William 
Wood bridge. Governor of Michigan, 1840-41. They extend through his college days at 
Litchfield, kc , his law career in Ohio where he was admitted to the bar in 1806, his ap- 
pointment as secretary of the Territory of Michigan in 1814, up to the time of his death in 
1861. He married Juliana Trumbull, daughter of Judge Jonathan Trumbull of Con- 
necticut, author of McFingal, and a number of Mr. Trumbull's papers and unpublished 
stories are also found in this collection. His accounts kept while collector of Customs, his 
papers while he was superintendent of Indian affairs are of interest and value to the 
student of the political growth of Michigan. His close association with Lewis Cass is 
shown by their extensive correspondence. Among these papers are found some of the 
most interesting letters in the whole collection, from William Hull, R. J. Meigs of the war 
of 1812, James Madison, James Monroe, John Adams, John Quincy Adams, Gabriel 
Duval, Saoa'l. P. Hiidreth, Albert Gallatin, Gen. Nathaniel Greene, Harman Blenner- 
hasset and many others. 

The papers of James Abbott, first postmaster, of Detroit, of Ferdinard C. Rivard, of 
Denis and Theo. Campeau, a few scattered Beaubien, Godfroy Piquette and Bisselle 
papers give an interesting picture of the old French families and the early French 
church. 

A collection, mostly of law briefs, is that of Halmer H. Emmons and his partners 
A. Emmons, James A. Vandyke and Ebenezer Harrington. Mr. Emmons practiced 
law in Detroit from 1840 to 1877 and was appointed judge of the U. S. Circuit Court 
of Michigan in 1870. He was attorney for several railroads and settled a number of 



X X vi CA\A DIA N A RCHI VES 

5-6 EDWARD VII., A. 1906 

interesting real estate questions. These papers are of interest in studying the political 
questions of that period of Michigan history. 

The papers of Senator Jacob M. Howard who took an active part in the " Toledo 
War " and of Ross AVilkins, Federal Judge of the Territory of Michigan, are full of 
social and political interest between the dates 1832-1870. 

A copy of the Records of the Supreme Court of the Territory of Michigan, 1805- 
1814 and minutes of the meetings of the Board of Trustees of the Corporation of the 
town of Detroit, 1803-1804, in the quant hand of Peter Audrain, Clerk of the Supreme 
Court of the Territory : copies of the Papers and Records of the Territory, North-west 
of the Ohio River, from 1790-1813 the originals of which are in Washington D.C., all 
are of great value in the study of the early political situation in the North-west. 

Besides these documents of purely local interest, the collection contains original 
letters from General Wayne and General Wilkinson to Qrtr. Mr. Gen. John Wilkins 1 796- 
1798 which will soon be published in the Michigan Pioneer collection : a copy of the 
" Orderly Books of Anthony Wayne and Gen. Wilkinson 1792-1797 ;" Brig. Gen'l Win- 
chester's original "General Order Book " in the war of 1812 (Sept. 12, 1812-Jan. 11th 
1813) printed in the Pioneer Historical Society's Reports: the original "General Order 
Book " kept by Adj. Gen'l Ed. Baynes, a British Officer in the war of 1812, at Quebec, 
Fort George and Chambly ; the original " Order Book " of Col. Prince in the Patriot War 
1837 ; Copies of the life and letters of Jacob B. Varnum, nephew of James M. Varnum 
and many others. 

" Account of the Catholic Church in the dioceses of the United States " from the 
earliest times — Manuscript by the Rev'd J. Dilhet, P.S.S., Baltimore 1807. 

The copy of the Registers of the Parish of Ste. Anne du Detroit comprises 14 
volumes, covering the period from 1703 to date, divided Jas follows : — 

Vol. 1 1703-1744. 

" II 1744-1780. 

" III 1780-1801. 

" IV, V, YI 1801-1842 

" A^II— Marriages 1842-1873 

" VIII— Burials 1843-1872 

" IX— Baptisms 1846-1860 

" X 1861-1881 

" XI— Baptisms 1881 to date. 

" XII— Marriages 1885 to date. 

" XIII— Burials 1873 to date. 

" XIV— Chapelle du N.-Est 1810 to 1828 

The originals are in the Archives of the above parish in a good state of preservation. 

The Cadillac papers — 12 vols. — copied in their original from the Archives in Paris. 

They are of very great importance covering the period between 1669-1745. There 
are among them some documents of a still earlier period : one dated in 1646. This col- 
lection has been translated, also in 12 vols., and is being published in English, in the 
Michigan Pioneer and Historical Series. The Cadillac papers are composed mostly of 
official documents signed by many of the Governors and Intendants of New France, 
Frontenac, Beauharnois, Talon, «kc., itc, also quite a number of very interesting letters 
bearing on the events of the period. 



REPORT OF THE ARCHIVIST xxvii 

SESSIONAL PAPER No. 18 

The " Montreal papers '' 22 volumes 1682-1804. 

The far greater part of this collection is taken up with bills of lading, invoices, 
deeds of sale, of partnership and engagement, official appointments, and occasionally 
personal correspondence. They have not the value of the Cadillac papei's, though they 
give one a good insight into the trading in the far west at that time. 

The Askin papers : — 18 in 4 quarto Folios. They relate principally to matters of local 
interest, but contain a lot of private correspondence with people of distinction in Canada — 
James McGill, Todd, and others. A few documents here and there refer to Canadian 
matters, and so do quite a number of letters from his son Charles, serving during the war 
of 1812, in the operations along the frontier. These letters go into minute details of the 
several actions fought between the British and Americans, and are very interesting, 
gving, as thsy do, names of officers with their commands, numbers of troops engaged, 
killed, wounded, missing and prisoners taken on either side. Some of these letters have 
been published in the Michigan Pioneer and Historical Series. 

The papers of greater historical interest are found in the following volumes of the 
series : 

Vol. I. 1747-1790. 

Deed of concession of property in Detroit to Eustache Gamelin (Montreal), signed 
Beauharnois and Hocquart, dated May 1st., 1747. 

Deed of concession to Sieur Pilet of a tract of land in Detroit dated 15 May, 1759, 
(Detroit), signed Piquotee de Belestre. 

Deed of Partnership between Claude Landry and Benjamin Chappeau (Chapput) 
signed at Detroit 22 Apr., 1776 — Le Grand, notary. 

Contract * * signed by Dame Angelique Chevalier, Veuve de Sieur 

Antoine Nicolas Lauson, also return of sale of her property, by Legrand, notary. De- 
troit 23 Feb., 1777. 

Deed of concession to Josephte Reaume, niece de Baptiste R^aume, of the Island 
called the Presqu'ile in the Miamis River, signed in hieroglyphics by 15 chiefs of the 
Outaouais Nation, very interesting. Dated "Riv. des Miamis"; attested, Williams, 
Judge of the Peace, 28 July, 1780. 

Deed of concession to James Rankin of a tract of land on the Detroit river, signed 
also in hieroglyphics by 11 chiefs of the Poutaoutamis, attested : Williams, Detroit 
20th July, 1780. 

Deed of concession to Richard Cornwall signed by two chiefs Musquash and Anni- 
mekauas with hieroglyhics. Detroit 28 Oct., 1780. Attested by O. W. Rae, Registrar. 

Deed of Concession of Property in Detroit by F. Arent Schuyler de Peyster Com- 
manding the King's or Sth. Reg't. to Capt. Henry Bird, also of the 8th. Regt. Detroit 
20th. May, 1781, signed A. S. de Peyster. 

See Appendix for copy of original permit. 

Deed of Concession by Sr. D. Baby to .Jean Bte Couture, Detroit May 28th., 1784. 

Deed of concession to Chs. Reaume of a tract of land in " la Riviere aux Raisins '' 
signed in hieroglyphics by 10 chiefs of the Poutaouatamis, June 10th., 1786. 

Deed of Concession to Jean Bte. Brisbois, of a tract of land on "La petite Riviere " 
signed in hieroglyphics by 6 chiefs of the Poutaouatamis, Dec. 10th., 1786. 



xxviii CANADIAN ARCHIVES 

5-6 EDWARD Vll., A. 1906 

Vol. IT., 1791-1797. 

Deposition taken before John Askin, Justice of the peace, in connection with the 
desertion of some soldiers of His Majesty's 5th Reg't of foot, Aug. 12th., 1791. 

Other papers on the same subject Aug. 31st., 1791. 

Articles of Agreement between John Askin, J. P. and Daniel Sutherland, agent of 
North West Company, for trading purposes. Detroit, Aug. 17th., 1793. 

Local Administrative documents. Deposition, By laws. Reports on chimneys, &c., 
very voluminous. 

Discharge of Michel Morasse, seaman in the INTarine service on Lake Erie, to be 
then given up to the civil courts for trial. Signed : Alex. Grant, Sen'r. Off. com- 
manding. 

Private correspondence referring to local affairs. 

Proclamation by J. Graves Simcoe, Lt. Gov. of Upper Canada : "Whereas the late 
Province of Quebec has been divided into two separate Provinces, called L^pper and 
Lower Canada * * it shall be lawful for the Governor or Lt. Governor of 

such provinces, with the aid of the Executive Council, to make laws &c. 

********** 

Signed J. GRATES SIMCOE. 
William Jarvis, Secretary. 

Kingston, July 9th., 1792. 

Letters to and from John Askin and Todd and McGill, merchants at Montreal, who 
seem to have been in constant business relations with him. There are several hundred 
of these letters dispersed through the 18 volumes. 

Vol. IlL 1795-1796. 

Notarial Documents by Notary Francois Desruisseaux, Guillaume Monforton, an^ 
others. Very numerous. "Account of a voyage to Fort Greville with ' What happened 
whilst I was there, ifec.,' Gen'l. Wayne," commanding. This document mostly relates to 
Indian Affairs, signed by John Askin, Jr., and addressed to Lt.-Col. England, 24th. 
Reg't., Commandant at Detroit, dated Aug. 19th., 1795. 

Letters : — A large correspondence between members of the Askin family, the Mere- 
diths and others. 

. Deed of Sale (original) to Gabriel Hunault of a tract on the River Calumet near 
Sandosquit (Sandusky), drawn up by Francois Desruisseaux dit Belcourt, notary, and 
.signed in hieroglyphics by 19 chiefs of the Outaouais nation. Dated June 19th., 1796. 

Copy of a speech from the Proprietors of the Cayahaga purchase to the Indians, to 
whom these lands had belonged, delivered in a council meeting at "la Riviere aux 
Hurons " on the South side of Lake Erie. May 2nd., 1796. 

Acknowledgement by the Indians of payment for the lands they sold at " la Riviere 
aux Hurons" .signed in hieroglyphics by 12 chiefs, dated Riv. aux Raisins, May 15th., 
1796. 

Simcoe, Gov. Letter in reference to a pew in the Church (R.C.) at Niagara, especi- 
ally reserved for the use of His Excellency or his deputy. • Orders that the same custom 
be continued. June 7th., 1796. Signed, J. G. S., Lt.-Gov. 

" Ordonnance " on the same subject to all R.C. churches in Upper Canada. Signed 
Ed. Burke, V.G. of Quebec, dated at I'Assomption, July 2nd., 1796. 



REPORT OF THE ARCHIVIST xxix 

SESSIONAL PAPER No. 18 

List of certificates for lots of Land b night by John Askin, Sr., and to be laid out 
in the names of Jacq. Gravelle, J. B. Prudhomme, Nicolas Drouillard, Jos. Blanchard, 
Hypolite Janisse, Andre Pelletier, Jr., Baptiste Lemay, Laurent Boismie, Simon LeDuc, 
Frangois Martin, Claude Sola, Touissaint Chesne, Pierre Chesne, Alexis Dubois, A^incent 
Maheu, Pierre Solo, J. Bte. Bonvouloir, Charles Chauvin, Gabriel Lapointe, Jr., and 
Jacq. Gabourie. Detroit, Sept. 14th., 1796. 

Vol. IV. Baby, Letter from Lt.-Col. to Lt.-Col. Askin, requesting return of militia 
lists of companies and information as to the increase or decrease of the battalion. 
L'Assomption, Sept. 27th., 1796. 

Militia return asked for : — Capt. Baby's company — 30 men — Sept. .30th., 1796. 

Maj. Jacq. Parent's Company — 24 men — Sept. 30th., 1796. 

Joseph Beaubiens Company — 19 men — Sept. 30th., 1796. 

M. Jos. Parents Company — 19 men — Sept. 30th., 1796. 

Washington, Gen'l. George. Proclamation to the Chiefs and Warriors representing 
the Wyandots, Delaware, Shawanoes, Outaouais, Poutaoutamis, Miamis, kc, itc, mem- 
bersof a delegation to him. 

Substance of Proclamation : — 

Pleased to see them at the seat of government and glad to treat them as friends. 

They had come for advice on a most important matter and he shall be pleased 

to give it. 

In reference to the treaty with Gen'l Wayne : — Certain points made clear and 
assurances given, &c., <fec. Given at Philadelphia, 29th. day of Nov., 21st. year of the 
Independence of the United States of America. 

Signed, Geo. Washington. 

Reply of the President to further enquiries of the above Chiefs and Warriors. 
Signed, James McHenr}- ; dated Philadelphia, 5th Dec, 1796. 

Vol. V. Viger. Letter to Mr. Askin — dated Post Viucennes, Apr. 6th., 1798 — 
Personal matters. (Original in French). 

Beausoleil. ditto — from Augustin Beausoleil. Montreal, Apr. 11th. 1798 — (In 
French in connection with work). 

Letters exchanged between Mr. Askin and Todd it McGill, Isaac Todd, Montreal, 
Wm. Hand, Daniel Clark, Arc, very numerous — all on business matters. 

Powell, Wm. Dummer. Letter dated Mt. Dorchester, May 7th., 1798. It reviews 
the political situation in Europe and its probable consequence here. Speaks of the 
Cession of the Provinces of the Mississippi to France and the possibility of an attempt 
being made on the good will of the Lower Province to obtain Quebec "in which case we 
shall be between two guillotines '. Refers also to the too great importance bestowed 
on Joseph Brant, " which may end by having the tomahawk some day raised over our 
heads". 

Smith, AVilliam. Extract of letter to Mr. Askin, June 1st., 1798. 

List of Stamp Dtities in force, June 30th., 1798. 

Account for disbursements in connection with the purchase of the Cavahoga (I) 
Islands from the Indians, 1796-1798, £32 7 0. 

McGill. Stating he is "out of business and onh" winding up his nephew's concern." 
Montreal, Aug. 10th., 1798. 

Robertson, William. Power of Attorney to John Askin. Montreal, Oct. 8th., 1798. 



XXX CANADIAX ARCHIVES 

5-6 EDWARD VII., A. 1906 

Contract between William Daly and John Askin ; Witness : Peter Audrain. 
Detroit, Nov. 9th., 1798. 

Extracts from the acting Surveyor General's letter to John Askin, dated York, 
22nd. and 23rd. Nov., 1797. Subject: — grants of land in Upper Canada and location 
thereof. 

Henry, Alexander. Extract of a letter of John Askin to him. " We have account 
here that M. Buonaparte having taken a very different route from what he intended as 
you heard. England is a better climate than Egypt and the Holy Land. In spite of 
him or any other man on earth most people will enjoy their own sentiment respecting 
religion. I think before a man's two hours dead, he knows moi-e about the matter than 
all those that remain behind''. Signed J. A. Detroit, Dec. 15th., 179(S. 

Sharpe, George. Letter reviewing the situation in Europe. Very interesting. 
Montreal, Apr. 22nd., 1799. 

Schuyler de Peyster, Arent. Letter to him from John Askin in re deeds of land, 
<tc. Detroit, Jan. 5th., 1799. 

Ditto, personal and family matters, same date. 

Blackwood, Thomas. Montreal, Jan. 24th., 1799. Trading affairs and claims. 

Askin, John Junior. Letter to his father, dated Athlone, Ireland, Jan. 30th., 1799, 
where he had been serving with his regiment. It refers principally to the agitation then 
going on for and against the proposal of union between Great Britain and Ireland. It 
would seem as if the project had been objected to by all, high and low. 

Henry, Alexander. The great explorer — personal letter dated Montreal, 3Iay 3rd., 
1799. Refers to affairs in Europe. 

Tol. VI. List of persons — 14 (fourteen) — recommended for lots, 1 each, by various 
Magistrates. June, 13th., 1799. 

Martin, Adhemar. Letters concerning a promissory note when he and his brother 
were in partnership in 1768 ; mention is make of Drouillard and Tamisier — Makinac, 
June 15th., 1799. 

Schuyler. Letter to J. Askin— mentioning among other matters the arrival of 
General Hunter as Lt. Gov. for Upper Canada and Lt. Governor Milnes to succeed Pre- 
vost ; also some reference to the war in Europe. 

War Department of the U.S., Aug. 13th., 1799. Letter in answer to protest of the 
Justices of the Peace in Detroit to Maj. Genl. Alexander Hamilton in reference to the 
encroachment on Civil rights, by the Military Commandant at Detroit — Signed, James 
McHenry, Secretary of War. Addressed to Louis Basset, James May, Joseph Voyer, 
Chas. Frs. Girondin, Esquires, Justices of the Peace. 

Vol. VII. J. Askin Jr., then serving in the British Army. Letter dated London, 
Sept. 29th., 1799. Referring to his own experience he says "Thank God I have 
weathered the storm thus far, and after battling with the French and the rebels in 
Ireland, in almost all the actions, without any material injury bvit the loss of some 
teeth we are once more I'eturned to old England."' 

Nichol, Robert. Letter dated Queenstown, Nov. 4th 1799. General topics, suc- 
cesses of British Arms on the continent. 

Beauharnois and Hocquart. Deed of grant of land at Detroit to Eustache 
Gamelin. Quebec, May 1st., 1747. Signed, Beauharnois, Hocquart, Gamelin and 
Deschesneaux. 



REPORT OF J HE ARCHIVIST xxxi 

SESSIONAL PAPER No. 18 

Deeds of transfers of property. Very numerous, drawn up by Le Grand, Notary at 
Detroit, to 1777. 

Vol. VIII to Vol. XV. Contains only an enormous collection of commercial 
papers, of little historical value. 

Vol. XVI. In this volume are quite a number of interesting letters from Mr. 
Askin's son Charles, who served in the British Army during the War of 1812. His 
experiences were confined to the operations on the frontier especially in the neighbour- 
hood of Niagara. 

One letter dated Michillimakinac, July 19th., 1812. Minutely describes in a most 
interesting manner, the expedition against the fort and its surrender. He places the 
British force as follows : "We left St. Joseph's on the 16th (July 1812) with 50 canoes, 
10 warriors in each, 12 barges with 200 Canadians, 2 iron 6 pounders, 40 men of the 
10th B.V. Batt. under command of Col. Roberts.'' His letter is very graphic. He 
vividly describes the attack on the fort and its capitulation by Capt. Hanks. 

Another letter from Chs. Askin dated Chippewa, Nov. 18th., 1812. Befers to the 
attempt of the Americans to capture the Royal George at Kingston, by the Oneida and 
from other boats. The attempt failed. He adds the " Enemy have about 7,000 reo-u- 
lars between Niagara and Buffalo. We have 6,000 to oppose them. Col. Miller taken 
at Detroit was exchanged for Capt. Dacres." 

Letter dated Mountain near Queenstown. Dec. 11th., 1812. Here he describes the 
bombardment of Fort Niagara by Ft. George — very long and interesting. Next the 
attack on Fort Erie by Gen. Smith and 7,000 Americans. The fort refused to sur- 
render although garrisoned by only 1,500 men. 

Letter descriptive of the Battle of Queenstown heights, Oct. 16th., 1812. "Prisoners 
taken, 800, 65 of whom are officers. We killed and wounded, I think, about 200 more " 
ttc, (ire. See Appendix for copy of Extract. 

Henry, Alexander, Montreal, Oct. 8th., 1812. Letter on the events of the War. 
See Appendix for Extract. 

Letters from McGill and Todd, Montreal, Oct. 10th., 1812. 

Vol. XVII. A large quantity of letters on personal matters from Wm. D. Powell, 
John Askin, Jr., Alexander Henry, R. Richardiere, Chs. Askin, Col. J. Babv, lirc, tire. 

Baby, Col. Commandant at Sandwich., May 26th., 1813. General orders to the 
Kent Militia, 1st.: To assemble on parade for the King's birthday, June 4th : 2nd., 
Those neglecting to conform to this order to be brought before a Magistrate to be dealt 
with. 

Chs. Askin. Letter describing the engagement at Fort George. " AVe have lost in 
killed, wounded and missing, 450. The Americans have lost less." Very interesting 
and well written. 

Chs. Askin. Letter, dated Dundas Mills, June 8th., 1813, refers to the engagement 
of June 6th., in which Genls. Winder and Chandler were taken prisoners : the British com- 
manded by Gen. Vincent- -American loss 200 in killed, wounded and missing: prisoners 2 
generals a number of officers and 100 men. British loss 22 killed, 70 wounded and 30 
missing. Col. Clark 40th., Regt. and ISI. Drury, ditto, mortally wounded. The enemy 
retreated towards Niagara. 

Chs. Askin. Letter dated 10 Mile Creek, July 8th., 1813. Interesting account of 
action there. 



xxxii CASADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

Hull, Brig. Gen. General orders announcing the capitulation of Detroit. See Ap- 
pendix for copy of original. 

Henry, Alexander. Lettei", personal matters regai'ding his family. See Appendix 
for Extract. Montreal, Aug. 27th., 1813. 

Vol. XVIII and last of the Askin papers. Mostly consists of commercial papers. 

.Minutes of a meeting held at York, Dec. 18, 1812, to establish the "Loyal and 
Patriotic Society of U.C." Hon. Chief Justice Scott, chairman. 

Askin, Jas. C. — Letter describing an engagement where Genl. "Winchester was 
taken. American loss — 450 killed, wounded and prisoner's. 

Quite a number of legal documents, By-Laws, &c., etc. 

The Williams papers. Foui'teen 4to volumes, dating from 1781 to 1850. They con- 
sist mostly of legal documents and military papers which have little reference to Can- 
ada. Col. John R. Williams. Letters, etc., on the War of 1812 and on that of Black 
Hawk in which he took part. 

The Rivard papers. 1 vol. 1742-1826. Very interesting as they refer almost 
exclusively to the French population in Detroit. 

The Abbott papers. 3 vols, in 4to, 1789 to 1877. Mostly composed of legal docu- 
ments, deeds, indentures, (tc, ttc. 

The Emmons papers. 1 vol. Contains interesting details of the Beaubien family 
of which he appears to have been attorney. Some extracts going \)ack as far as 1742. 
The remainder is a mass of legal documents of all kinds. 

The Woodbridge papers. 1 vol. Wm. Woodbridge, Governor of Michigan, 1840- 
41. These documents though interesting are of little or no value to Canadian history. 

Records and Acc't Book of the Huron Mission (Detroit). A de la Richardie, S.J., 
Superieur. 

During my visit to Chicago, Miss Mcllvaine very kindly gave me permission to 
examine the collection of Canadian papers in the Archives of the Chicago Historical 
Society, and the Council of the Society has since passed a resolution authorizing the 
preparation of a calendar and the publication of the full text of the documents here 
printed. This generous act on the part of the council will be appreciated by students 
both in Canada and the United States. 

CALENDAR OF MANUSCRIPT.S IN THE ARCHIVES OF THE CHICAGO HISTORICAL 

SOCIETY. 

1480. Ferdinand and Isabella. Proclamation signed by both King and 

Queen, sealed with the Great Seal and countersigned by Cardinal 

Ximenes. Vellum, 4to. 
1520. Vespucci, Antonius, brother of Amerigo. Document on parchment 

containing seven lines in Latin, small 4to. 
152C, Dec. Vespucci, Amerigo. Document containing nine lines bearing the 

above signature and that of his brothers Laurentius and Antonius, 

small 4 to. 
1528 May Vespucci, Amerigo. Fragment of document with above signature. 

Pai'chment, small 4 to. 
1542 June 28. Francis I. Document in which the name of Sieur de la Roche 

appears. It is an order on Francois Laguette " Tresorier et Procureur 

des Finances de payer a notre cher et bien aime Sieur de la Roche " . 

a certain sum of money of which " .soixante seize "' is alone legible. 

Signed " Francois ". Vellum ^ page folio. Attached thereto another 

document, \ p. 



REPORT OF THE ARCHIVIST 



SESSIONAL PAPER No. 18 



1586, Feb. 20. 



1608. 
1611. 
1614. 
1629. 
1631. 



1638. 



1642. 

1644, .June 12. 



1044, 


.June 12. 


1644, 


.June 12. 


1643. 




1650, 


.June 9. 


1650. 




1651. 




1653, 


.Jan. 9. 


1653, 


Oct. 19 


1653, 


Nov. 20. 


1656, 


.June 20. 


1656, 


.July 4. 


1657, 


Sept. 


1659, 


May 19. 


1661. 




1661, 


June 8. 


1062, 


May 15. 



1663. 

1665, April 20. 
1665. .June 13. 



18— C* 



De la Roche, Sieur Marquis. Power of Attorney given to Declemy, 
a servant of his, to sell certain property and effects belonging to him. 
For copy, See Appendix. 

Henry IV. Fragment of document and signature. 

Sully, Due de. Fragment of letter and signature. 

Louis XIII. " Ordonnance ", with seal and signature. 

Lorraine, Card. de. Letter and signature. 

Louis XIII. Letter addressed to the Due de Longueville, Gover- 
nor of the King's Estates in Normandy, ordering the apprehension 
and arrest of one Sr. Lebuart who, abusing of the King's Passport, had 
been engaged in enlisting men and soldiers for the " Compagnie de la 
Hollande " ; the said Lebuart to be punished in an exemplary manner. 
Sealed with the Royal Seal and signed, Louis. 

Montmagny, Charles Huault de Montmagny, Chevalier de I'Ordre 
de St. Jean de Jerusalem, itc, &c. Concession of land to Guillaume 
Isabelle (day of month illegible) 1638. See Appendix. 

Richelieu, Card. Due de. Letter and Autograph. 

Guillaume Couillard. Petition addressed to Gox. de Montmagny by 
Guillaume Couillard praying that a family Council be held concerning 
the affairs of the minor children of Guillaume Hebert, deceased, and 
of Helene Desportes, "remarried to Noel Morin. See appendix for 
copy of original. 

Montmagny. Approval of the above petition. Signed at Quebec, 
June 12th., 1644. See Appendix for copy of original. 

Proces verbal of the meeting of relatives in connection with the above. 

De la Salle. Baptismal extract. 

Lalemant Jerome. Permit in connection'with some property belong- 
ing to the Jesuits, signed at Three Rivers " Hierosme Lalemant, 
Superieur des Missions et Residences de la Compagnie de Jesu en la 
Nouvelle France ". 

Mazarin, Card. de. Letter and autograph. 

Conde, Prince de. Letter and autograph. 

Portion of petition to the Governor, signed by the first settlers at 
Three Rivers. 

Garreau, Leonard. Remittance of Seigneurial dues. 

Lauson, Jean de. Concession of land. ■ 

Lauson, Jean de. Concession of land near the Fort of Quebec. 

La Place, Jacques de. Concession of land at Three Rivers. Signed 
De la Place, S. J. 

Part of Petition or of a similar document signed by the first settlers 
at Ville Marie — (Montreal). See Appendix for list of names. 

Medard Chouart. Discharge in favor of Christophe Grevier, 
Sieur de la Mesle ; Present : Francois Maistre. 

AUouez, Claude. Portion of document bearing signatures of Claude 
Allouez, Jean Guyon, Sieur du Buisson, Nicolas Gaillyon, Jean 
Cusson and Moral de St. Quentin. 

Allouez, Claude. Power of Attorney to Sieur Boucher to settle a 
dispute about land. 

Allouez, Claude. Acknowledgement of money loaned by Father 
Claude Allouez, superior of the residence at Three Rivers to Sieur des 
Gi^oseillers. 

Legal authority to proceed with the sale of certain effects. Signed 
by Le Ber, C. Lemoyne, Marie Firmin, and Dupuis. 

Contract between Jacq. Gouillet and Benj. Cazeau, traders. 
Engagement signed by Jean Gladu, per Power of Attorney from 
Jean Gladu in favor of Ls. Beaudry. Signed by Francois Bibeau and 
Nicolas Dupuy. 



CANADIAN ARCHIVES 



5-6 EDWARD VII., A. 1906 

1665, November 10. Portion of Document, probably a release. from debt signed by Simon 

Lemoine, S. J., Moral de St. Quentin, Ls. Godroy de Moranville, and 
Pierre Lefebvre. 

1666, April 20. Jolliet, Adrien. Deect of Partnership between Adrien JoUiet, 

brother of Louis Jolliet, Denys Guyon (father-in-law of Lamothe 
Cadillac), and others. 

1667, August 12. Deed of Partnership between Jean Desroches and Isaac Nafrechon 

on the one part and Toussaint Beaudry and Nicolas Perrot on the 
other part. 

1667, October 11. Albanel, Charles, S.J. Receipt dated Oct. 11, 1667, in favor of 

Laurent Lefebvre. Signed by Charles Albanel, S. J. 

1668, June 22. D'Ailleboust. Deed of Agreement between Barbe de Boulongne, 

widow of Gov. D'Ailleboust and her nephew Charles D'Ailleboust, 
Sieur de Musseaux, concerning the division of property belonging to 
the late Govei'nor Louis D Ailieboust. 

1668, .Tune 27. Talon, Jean, Intendant of New France, Memoir in connection 

with the request made by the Sieur de Musseaux to be granted Isle 
Bourdon, and two other Islands. 

1669, January 18. Deed of engagement signed by Jacq. Maugras, Nicolas le Bossu, and 

Martin Carpentier, to go on a trading voyage. 

1670, April 6. Richard, R. P. J., S. J. An order on Laurent Lefebvre to pay 

Lavigne three bushels of wheat. Signed, J. Richard, S. J. 

de Courcelles, Remy. Grant to Sr. de Lemoyne of a tract of 
land along the St. Lawrence, no date. Signed : Courcelles, and counter- 
signed P. D'Ailleboust. 

1671, December 26. Rasnuyer. Receipt in favor of Marin Hurtubise. 

1672, Jime 18. ' Queylus, M. L'abbe de. Deed of concession of property in favor of 

Jean Boutin dit Leveille, formerly belonging to late Galebran. 
1672, Sept. 14. Talon, Jean, Intendant of New France. Official notification of those 

who may have claims against the King. 

1672, Oct. 5. Certificate of Publication of the above, signed La Rue. 

1673, Apr. 25. Dablon, R. P. Claude, S. J. Ratification of a grant of land to 

M. D'Ailleboust, signed Claude Dablon S. J. 
1670, Apr. 26. De Tracy, Marquis. The full text of this document is published at 

the end of this calendar. 

1674, Apr. 25. Frontenac, Ls. de Buade, Comte de. Grant to the Sr. de St. Ours 

of the islands opposite the land already granted him. Signed Front- 
enac and countersigned Lechasseur, Quebec, Apr. 25th., 1674. 
1674, June 3. Nicolas, R. P. Louis, S. J. Deed of Concession to Andre Dubois — 

Witnesses Felix Dumay, Sr. Dufresne et Jean de la Faye. Signed — 
Ls. Nicolas, S. J. 

1674 July 7 Joliette. Claim which Sr. Beausoleil has against M. Joliette, in his 

own right as in that of his wife, widow of the late Sr. Joliette. 
Order given to M. Jolliette to produce a copy of his memoir to re- 
place the one he asserts he has lost in his late shipwreck " pour rem- 
placer celui qu'il dit avoir pei'du dans son dernier naufrage." 

1674, July 7. Judgment in the above case rendered by Louis Rouer, Ecr., Seig- 

neur de la Villeray, et Thierry de L'Estre, Le Vallon, echevin and 
bourgeois de Quebec, a very voluminous document. 

1675, May 13. La Salle, Robert Cavelier de. Letters patent of nobility. 
1675, May 13. Certificate of registration of same. 

1675, Aug. 4. Dailleboust, Ls. de Coulonges. Contract signed by Paul de Cho- 

medy, Barbe de Boulogne D'Ailleboust, G. Des Musseaux d' Ailieboust, 
Cath. le Gardeur, and E. Brossart, Ville Marie. 

1675 Sent 23 -^^ Salle, Ls. Cavelier de. Grant made to him by the King, of Fort 

Frontenac and adjoining territory and islands. 



BEPORT OF THE ARCHIVIST 



SESSIONAL PAPER No. 18 



1675. Sept. 23. 
1676. 



1676, July. 

1678. 

1679, June 2. 

1680. Feb. 19. 

1680, Apr. 14. 

1681, March. 



1682, March 24. 
1682, May 20. 



1682, Aug. 12. 

1682, Sept. 12. 

1683, Apr. 6. 
1683, May 8. 
1683, May '8 
1683, May S. 

1683, Sept. 1. 

1684, Oct. 21. 

1684, Oct. 21. 
1684, Oct. 15. 

1684, Oct. 15. 
1685. 

1683, March. 

1685, July 16. 

1685, Sept. 

1686, Aug. 19. 



Certificate of Registration of above, QueVjec. Signed Peuvret. 

Proces A^erbal of a criminal case, pleaded before Rageot, and in 
which appeared Louis Jolliet, la Ve Bissot and others, as witnesses. 
Case of assault. 

Duchesneau, Jacques, Intendant. Letter addressed to him by Sur- 
geon Jean Martinette 'dit Fontblanc — Subject, the death of Etienne 
Bouchard, surgeon, at his, Martinette's, house, who prays to be i*elieved 
of his goods and effects, which he suggests be given to his widow and 
children. 

Ratification of lease and agreement signed by Pierre Le Moyne 
d'Iberville, and Marie Dacre, wife of Antoine Pichon dit Duray. 

Fremin, Jacques, S. J. Concession of land at La Prairie de la 
Madeleine to Jacques Perras. 

Frontenac, Comte de. Marriage conti'act signed by him as witness, 
between Jean Marsolais and Marguerite Couture. 

Jolliet. Deed of Sale by the heirs of Sr. Bissot to St. Claude Vol- 
lant. Jolliet signs as tutor to the children of Bissot, his nephews and 
nieces. The property in question was situated in the Lower Town, 
Quebec. 

Dulhut. Authorization given Sr. Hebert to take twenty beaver 
skins from his, Duluth's, share, of the trade in j^ayment for goods 
Michilimakinac, Signed " Dulhut." 

Brouat, Abraham. Receipt and signature. 

Hazeur, de Monseignac, Zacharie Jolliet, Lambert Leduc and Bou- 
cher, notaix'e. Contract for an expedition to the Outaouais country 
signed by the above named, at Montreal. 

Becancourt, M. de. Deed of payment made by him for and in favor 
MM. d'Argenteuil and Coulonge, Sault St Marie. 

Le Sueur, M. de. Agreement entered into by him with others for 
a voyage to Michilimakinac, signed at Montreal. 

La Salle, Robert Cavalier, Sr de. Deed of concession favour of 
Jacques Bourdon. 

La Barre, M. de — Gouverneur. Order to produce certain witnesses 
before Sr. Migeon at Montreal. 

La Barre, M. de — Governor. Petition of Louis Juillet, of Montreal, 
for reimbursement of a claim against Sr. de la Valtrie. 

Petition granted and case referred to the Intendant. Signed De 
la Barre. 

La Salle, Robert Cavalier, Sr. de. Autograph letter of his, dated 
Chicagou, as he was leaving the Illinois country for the last time to 
join the members of his colony at Fort St. Louis des Illinois. 

Repentigny, Mile de — Lavaltrie, Mile de. Petition addressed to 
Sr. Gervaise praving to be restored some property, signed Margue- 
rite Nicollet et Louise Bissot. 

Petition, &c., granted: signed, Jehan Gervaise. 

Tonty, Sr. Heni'i de. Agreement entered into by him and Jean 
Bte. Xolan, Montreal. 

Tonty. A similar agreement, same date and place. 

Tonty, Sr. Henri de. Concession of land to Jacques Cardinal. 

Tessier, Claude. Agreement between him and Claude Grizonneau 
to trade with the Outaouais, dated Montreal, March, 168-5. 

Roy, Jean. Letter to M. Vincent Dugas dit Lafontaine. Michil- 
limakinac, July 16th., 1685. 

Bouchard, Paul. Engagement to Sr. Francois Rolland for a voy- 
age to the Illinois country. Montreal. 

Memo of Merchandi.se delivered to Pierre Morin by Sr. Millet. 



18-ci* 



CANADIAN ARCHIVES 



168ti, Aug. 19. 
1686, Nov. 2. 



1686, May 19. 

1686, Nov. 1. 

1687, June 7. 



1688, July. 

1688, Aug. 3. 

1689, Jan. 20. 

1688, Oct. 16. 

1689, June 1. 

1689, June 5. 
1689, Oct. 15. 

1689, July 11. 

■ 1689, Nov. 5. 

1690, May 15. 

1690, Aug. 15. 

1691, Apr. 

1691, July. 
1691, July 20. 
1691, July 20. 

1691, July 23. 
1691, Aug. 1. 

1691, Aug. 27. 

1692, Aug. 15. 



5-6 EDWARD Vll., A. 1906 

Account of provisions, ifec, furnished Pierre Morin for his expedi- 
tion to the Illinois country with 8r. Millot. --,- [\ 

d'Allonnes, Mile. Letter writtea her at Fort Frontenac asking 
permission to sell some land, owned by Joseph Michaud ; also giving 
her news of La Salle. Dated Lachine. 

Beschefer, Thieny, S. J. Receipt dated Cap de la Madeleine. 

Boisbryant, Sr. Duguay de. Letter written him by Lafleur, who 
had served as sergeant under him at Fort Frontenac. 

Boisbryant, Sr. Duguay de Deed of sale made by him for Lafleur 
to Nicolas Chapput (Chappeau) of a farm in the Seigneurie of He Ste. 
Therese. 

Agreement between Jean Lepelle, -Jacques Cardinal, and others to 
trade with the Indians. Montreal. 

Invoice of Merchandise delivered to Sieur Franc^-ois Coste dit Lepin- 
ard de la Valtrie, Joseph Pelletier and Et. Michel, for purposes of 
trade with the Indians ; the amount thereof to be paid'back in beaver 
skins at the King's store, Quebec. 

Cuillerier, Rene — Faithful companion of Sr. de la Salle. Acknow- 
ledgement of an account. 

Boucher, Pierre, Seigneur de Boucherville, Sieur de Grosbois, itc, 
and his wife. Declaration exonerating Sr. le Verrier from all blame 
for the accidental death of their son. Signed at Boucherville. 

Tronson, M. L'abbe. Autograph letter addressed to M. de Blain- 
ville, Capitaine, Montreal. 

La Durantaye, M. de. Certificate of capacity to- - 

Denonville, Rene de Brisay, Chevalier Marquis de. Certificate 
of merit and good conduct in favor of Sr. de Grandpre, ensign in the 
company of M. de Lorimier. Dated Ville Marie, signed de Denon- 
ville. 

Champigny, Sr. Bochart de. Fragment of letter with signature, 
dated Ville Marie. 

Arnaud, Bei'trand. Receipt in favour of Jean Mongeon. 

Boisrondet, Frs. de. Assistant of La Salle and comrade of Tonty. 
Deposition concerning something that happenf d on the voyage out. 

Perrot, Sr. Nicolas. Receipt in his favour signed by Charles Amiot, 
authorized to act for Catignon and Charles Patu ancl the farmers of 
Michillimakinac. 

Turpin, Alexandre. Acknowledgment of claim of Alexandre 
Turpin fils, for amount of sale of furs brought back with him on his 
late voyage to the Country of the Outaouais with Nicolas Perrot. 
Montreal. 

Bourdon, Jacques, Sr.- D'Autray. Promissory note in favor of 
Michel Morin dit Lafontaine. 

St. Onge, Pierre Chesne dit. Trading agreement with Pierre 
Chartier, dated Michillimakinac. 

Frontenac, Ls. de Buade, Comte de. Permit to Macon to return to 
Michillimakinac. Quebec. 

Frontenac, Ls. de Buade, Comte de. Permit for Sr. de la Duran- 
taye to send men, kc, to trade with the Outaouais. 

Perrot, Nicolas. Receipt in his favour from Sr. Louis Duquet. 
AVitnesses : Ls. Cavelier and Nicolas Laurent. Dated and signed at 
Michillimakinac. 

Agreement between Srs. de la Durantaye and Jean Fafard dit 
Macon, in connection with trade with the Indians. 

La Mothe, Dominique de, Sr. de Lourciere Autograph letters. He 
came from France with La Salle, 1672, and accompanied Hennepin to 
Niagara. 



REPORT OF THE ARCHIVIST xxxvii 

SESSIONAL PAPER No. 18 

1693, May 3. Bransatt, Jean Bte. Migeon de. Judge at Montreal, 1681. Memo- 

randum concerning difficulties connected with a lease. 

1693. Agreement signed by Moise Hilaret, chief of the mutineers against 
La Salle. 

1694. Rei^ort on the Expedition to Michillimakinac. 

1695. Aug. 1. Agreement signed by Nicolas Laurens dit Lachapelle for trading 

purposes. Dated Michillimakinac. 

1695, Aug. 8. Agreement between Francois de Boisguillot and Pierre Lesueur, for 

trading purposes. 

169.5, July 2. Trading deed on the part of Sr. Macon et Beauvais, in the service 

of M. de la Mothe, in favor of Srs. Moreau and Lepine, signed by Jean 
Beauvais, Jean Roy dit Castellerault and Jean Fafart. Michilli- 
makinac. 

1693, Sept. 11. Courtemanche, Sr. de. Deed in favor of Medard Mezere. Dated 

Yille Marie. 

1693, Apr. 19. La Forest, Francois de. Deed of Sale in favour of Michel Alan of a 

portion of land (|) conceded him in Louisiana, to be paid at Chicago, 
Apr. 19th., 1693. Signed De la Forest, M. Aco. De la Decouverte, 
Nicolas Laurens dit Lachappelle. 

1695, Nov. 8th. Jolliet, Louis. Contract and agreement between Sieur Louis 

Jolliet and his wife Claire Bissot on the one part, and Chax'les and 
Francois Bissot for the use, during five years, of the Mingan Islands 
and the coast opposite, from Isle Aux Oeufs to la Bale Espagnole. 
This document bears the signature of Louis Jolliet and his wife also 
those of Charles and Francois Bissot and that of Guillaume Roarer, 
JS otary. 

1696, Longueuil, Baron de. Aixtograph letter conceiving one St. Martin 
who refuses to give a Contract to Doncan and Cadieux. 

1697, Feb. 17. Perrot, Nicolas. Power of Attorney in favour of his three sons. 
1697. La Salle, M. I'abbe, Brother of Sr. de la Salle. Declaration in 

favour of a deserter, as to his good qualities, &c. 
1697, JiTly 21. La Salle, Sr. Ls. de. Promissory' note in his favor signed by De la 

Forest. 

1697, Sept. 6. Agreement of Pierre Lepelle to undertake a voyage to the country 

of the Outaouais for Sieur Jean Bourdon. 

1698, Sept. 23. Frontenac, Ls. de Buade, Comte de. Permit to trade given the 

Srs. de la Forest and Tonty, contersigned, Bochart, Champigny and 
Monseignat. 

^^^^- Vaudreuil. Petition in Yaudreuil's handwriting to the Lt. Par- 

ticulier of the Prevoste of Quebec, Paul Dupuy, praying that a family 
council be called to appoint a tutor to Vaudreuil's minor children, 
among whom was the last Governor de Vaudreuil. Signed by Vaud- 
reuil and Dupuy. 

17(Xi, Februarys. Laval, Frs. de Montmorency. Power of Attorney to Pierre Drouil- 

lard dit le Girotlee concerning property. 

1700, .h\Vy 13. Dollier, Fi'ancois, priest, S.S. Recommendation in favor of Mde. 

Mathurin Parent, to obtain a licence. 

1700, January 28. Cholenez, Pierre, S. J. Permit to exchange property ; dated Mon 

treal. 

1700, .January 29 La Galiniere, Rene Brehan de. Receipt and signature. 

1701. November 1. De Belmont, Frs. priest, S.S. Grant of location of Road for the 

inhabitants of Cote St. Lambert, Montreal, to connect the said Cote 
with the city of Ville Marie. 
1701. May 21. Lesueur, Widow of. Letter to M. Blondeau, merchant at Mon- 

treal, announcing the death of her husband and of her brother, St. 
Michel. Fort St. Louis. 



CANADIAN ARCHIVES 



1701, September 1. 

1702, May 13. 



1703, October 11, 
1703, May 6. 

1703, April 27. 

1704, June 3. 
1704, Sept. 14. 



170.5, June 1. 
1706, March 8. 



1707, October 17. 
1707, October 19. 



1707, July 27. 
1707, August 9. 



1707. August 10. 

1707, May 4 

1708, May 19. 

1710, . uly 25. 

1711, May 21. 

1712, September 18. 
1714, Aug. 3. 

1714, Feb. 21. 

1715, Mar. 7. 

1715. 

171B, May 3. 

1716, Oct. 14. 



1717, Sept. 



5-6 EDWARD VII., A. 1906 

Champign3^ Letter to Mgr. de Pontchartrain, dated Quebec. 

Deed of partnei'ship between Sr. Charles Jucliereau de St. Denis, 
Cons, du Roy et Lt. Genl. de la jurisdiction de I'lsle de Montreal, et 
Sr. Francois Marie Bonat. Dated and signed at Montreal. 

Marriage contract signed by Jacques Bigot, S. J. "faisant les fonc- 
tions de cure de St. Francois," Antoine de Planiol and Jean Legras. 

De la Decouverte, Pierre Yon, Sr. de — one of La Salle's compan- 
ions. Fragment of letter with signature. 

Deed of partnership between Srs. Feyere et Desruisseaux, dated 
Ville Marie. 

Pascaud, A. Portion of a promissory note, dated Montreal. 

Beauharnois, Francois Chev. de. Permit given to Cochois to return 
to Fort Frontenac, with certain restrictions. Quebec. Cochois was 
one of La Salle's companions. 

St. Germain. Promissory note, favor of Sr. Simon Reaume. 

Cadillac, Lamothe. Approval of Bill of goods, etc. Montreal. Signed 
Lamothe Cadillac. 

D Allones, Mile Madeleine de Roybon. Petition to Intendant 
Raudot, setting forth claims in connection with Fort Frontenac. 

Raudot. (Almost illegible.) The sense is that "les Messieurs de 
la Compagnie " must appear before him the following day in answer to 
the above. 

Hazeur. Receipt in favor of Mde de la Lory. 

Deed of Partnership entered into by Pierre Chesne, Pierre Gareau 
and Francois Chesne, also signed by Jacques Lucas dit St. Amant, 
(Chesne) A. Perrin dit Lorice. 

Chesne. Letter to M. Nevesier, at Montreal, concerning commercial 
matters, dated Ft. Pontchartrain. 

Coutteau, J. Bte. Deed of acknowledgement of debt, favor of 
Jacques Langlois. Dated Ft. Pontchartrain and also signed by Chesne 
and Alexis LeMoyne as witnesses. 

Deed of partnership between Bertrand Arnaud and Joseph Desruis- 
seaux. 

Acknowledgement of debt contracted ist. Apr., 1704, by Claude 
Parent and Jacques Langlois, in favor of Francois Trudeau, payable at 
Ouabache (Wabash). 

Deed of partnership between Sr. Jean Beauchamp and Daniel 
Joseph Maddoux. 

Tonty, Sr. de. Memoir of claim against him b}' Sr. Parent. 

Yaudreuil, Philippe de Rigaud, Marquis de. Letters patent to 
Sr. Queret fils, to trade on the L^pper Lakes, under certain, conditions, 
one of which is to take part in the war against de " Renards." 

Taillant, Francois, S. J. Receipt signed at Montreal. 

Ramezay, Louis, Sieur de. Engagement of J acques Cardinal for a 
voyage to the Outaouais country. 

Bobe, M. de. Four (4) letters, dated 1715-16, containing short 
descriptions of N. and S. Carolina. 

Deed of Partnership between Pierre Buteau and Sr. Pierre Birou, 
to go on a trading voyage to Michilimakinac. Signed Pierre Buto ? 

Vaudreuil, Philippe de Rigaud, Marquis de. Despatch to the Mini- 
ster giving an account of what took place in his government during 
the year 1716. Reference is made therein to negotiations between 
Governor Hunter of New York and Governor Ramezay of Montreal 
countersigned by La Chapelle, dated Quebec. 

Agreement made by Nicolas Rose, voyageur, to cany Sr. de 
Longueville to Kaskaskia, where the Rev. Jesuit Fathers reside, in 



1719, June. 



171 



1720-21. 



REPORT OF THE ARCHIVIST xxxix 

SESSIONAL PAPER No. 18 

conseiiuence of which permission is given him to take three canoes 

with him from Montreal. 
1718, Sept, 21. Le Gardeur, Paul, Sieur de St. Pierre. Deed of partnership l^etween 

him and Rene Godfroi, 8r. de Lanctot both leaving together for the 

west, the former as commandant of the post of Chagouamigon. 
1"18 A o- 2S Subject : Trading matters. Dated and signed at Montreal. 

' " "' ' Turpin, Jean Bte. and Louis. Letter to their sister, dated "Aux 

Illinois." 

Montigny, Testard de. Deed of acknowledgement of debt by De- 
lisle and Morin to M. Francois-Marie Bonat, witnessed by Testard de 

Montigny. 

Tonty, Sr, de. Engagement of Charles Nolan, Sr. de Lamarque, 

in the service of M. de Tonty, for three years at Fort Pontchartrain, 

Detroit, Lake Erie, itc, signed by Tonty, Chs. ]Camarque, A. Louvine, 

and Hervieux, Ville Marie. 
1720, Mar. 12. Lagrene, Pierre, S. J. Concession of lot in Montreal. 

^720. (( Relation d'un voyage fait de La Rochelle a la Louisiane par le Sr. 

Fourcade, chirurgien du Roy." 

Extract from " Relation d'un voyage que M. Le Page du Prat a fait 

de la Nouvelle-Orleans aux Natchez, sur le fleuve Mississippi." Also 

original Relation in full. 
Ir21, June 6. i^^ Buisson. Certificate in favour of Sr. Jacq. Hubert Lacroix, 

Montreal. 
1722, INIar. 23. Bienville Sieur Jean. Bte. de. Power of Attorney in favor of Sr. 

Raguet to receive amount of claim on the heirs of Sr. Jacques de Ste. 

Helene. Dated Biloxi, and signed Bienville. 
1722, Mar. 23. Certificate of Registration of the above. Signed Delonnes. 

1722, June. Yilledonne, Sr. Etienne de. Power of attorney given (in blank), 

dated Montreal, signed de Villedonne, Louii Rupaly, Paul Rupaly, 

Rose, Du Chouquet. 

1722, June 19. Bourgmont, Sr. de. Instructions given him by the directors of 

the " Compagnie des Indes " to take command on the Missouri River 
and establish a port there. Dated Paris. 

1723, Apr. 14. Gamelin, Jacques. Agreement of Partnership and exchange be- 

tween Jacques Gamelin and Claude Caron in presence of M. de Mon- 
tigny, Commandant of the Post of "la Baie des Puants " and Father 
Chardon, S. J., undersigned with Gamelin and Caron. Dated at La 
B^ie des Puants. 

1723, July 20. Agreement for trading, etc., between Louis Prudhomme and Sieurs 

Grandpre and Chambly, at Michillimakinac. Signed Grandpre, 
Chambly, Montour, Blondeau. 

1723. Au^. 1. Tonty. Cession of rights by Dame Francois Juchereau de St. I)?nis, 

comtesse de St. Laurent, widow of Sr. Francois de la Forest, to Alph- 
onse Tonty, governor of Louisiana, also to indemnify the outlay by 
the Srs. Tonty and de la Forest in constructing the forts of PinitaS, 
LaRoche and Chicagou. Signed by Tonty, contersigned by Charles 
Gervaise. 

1723, Aug. 1. Biron, Henri. Acknowledgement of a claim against him in favor 

of Jacques St. Denis, dated " du Detroit." 

1724, Oct. .0. Boisbriant, Pierre Dugue, Sr. de. Chevalier de St. Louis, Lieute- 

nant du Roy a la Louisiane — Contract. 
1724, Sept. 1. Rivet, Sr. Jean. Last will and testament. Died at " Missouri." 

1724, .Tuly 15. Amariton, Frs, Capitaine d'une compagnie de detachement de la 

Marine Commandant for the King at " La Baie." Agreement entered 
into between him and Nicolas Sarazin and Francois Auge dit Lajeun- 
esse, to elect as their attorney Rene de Couagne, merchant at 
Montreal. 



xl CANADIAN ARCHIVES 



5-6 EDWARD VII., A. 1906 



1721, July 22. Deschaillons, Sr. Deed of partnership between him and Pierre 

Hubert dit Lacroix. Subject.: trade with the Indians. MichilHm- 

akinac, signed Deschaillons. 
1724, Oct. 16. Robert, Edtne Nicolas. Intendant of New France. Inventory of 

his effects, he having died at sea, when en route to replace Intendant 

Begon. 

1724. • Bourgjiiont, Sr. de. Commandant de la Riviere de Missouri. 

" Relations de voyage " on the Mississippi, Missouri, Arkansas, and 
as far as the Cadoucas. Departure from " Fort Orleans." 
1723, July 16. Vignencour, Rene d'Amours de. Power of Attorney in favor of 

Sieur Monier, dated and signed at Michillimakinac. 

1725, Jany. 15. Rivet, Sr. Inventory of his efiects ; he had died in Missouri. 

Signed Louis de la Valtrie du Tisne, capitaine commandant a Kas- 

kaskia. Witnesses : Hertel de Moncour and le Chevalier d'Ailleboust. 

1725, May 30. Reaume, Sr. Receipt in favour of J. B. Desjardins, dated Detroit. 

Bourdon, Sr. Pierre. Receipt in favor of Francois Bibos and 

1725, Mar. 31. Antoine Robert, for obligation conti^acted in Montreal. Signed l)y 

Claude Robillard, dated and signed at Oudatanons. 

Yon, Francois Sieur de Youville. Deed of engagement of Joseph 

1726, Brazeau, to conduct for him (Sr. Yon) two canoes with merchandise 
to Michillimakinac and the Outaouais. Signed Despointes, St. Dizier 
et Sr.- d'Youville. 

De la Ronde, Louis Denys Sr. Capitaine d'une Compagnie de 

1727, May 14. detachment de la Marine et commandant pour le Roi au poste de la 

Pointe de ChayBamigon. Deed of Partnership between the above 
named and Louis Mathieu d'Amours, Sr. de Clignancourt and 
Nicholas D'Ailleboust, Ecr., Sr. des Musseaux. Signed at Montreal 
by La Ronde, Clignancourt and Desruisseaux (notary). 

Faber, Sieur Du Plessis, Capt. d'une comp. des troupes d'un detach. 
-,■,.-,'• c; f o de la Marine. Detache par Monseigneur le Marquis de Beauharnois, 

Gouverneur et Lt. Gen'l. pour le roi en toute la Nouvelle France pour 
aller commander au Poste de la Bale des Puants. Deed of acknow- 
ledgement of debt in favor of Sr. Gamelin & Cie, Montreal. 

Belestre, Piquote de. Very interesting letter dated from Detroit, 
1729 Apr 6 gi'^ii^o curious details of local interests : speaks of Pei-e Larichardiere, 

La Coi'ne, Dessonier, (Desaulniers), Pisard, Deschaillons, le Pere d'Eu, 
Harichatis. " Le fort est fait tout a neuf, 1729 ". The letter seems 
to have been written by a very illiterate person (such as was Belestre), 
and is certified in a foot note dated Montreal May 25th, 1729, and 
signed by his wife, Marie Desruisseaux Belestre. 

Reflexions sur la lettre de M. Perier, Commandant Gen'l. de la 
1729, Aug. 18. Louisiane, du 1-5 Aout 1729 pour servir a lui faire reponse. 

Cuillerier. Compagnon fidele de La Salle. Letter to his mother, 

1729, May 24. family matters. Dated Detroit. 

D'Arnaud. Power of attorney in favor of M. de Francheville. 
17.30, Mar. 22. Dated Montreal. 

Hocquart. Inventory of munitions, stores, ifcc, ifec. Signed by the 

1730, .Tune 1. Intendant, Quebec, June 1st., 1730. 

d'Heu, R. P. Jacques, S. J. Receipt in favor of M. Lestages, dated 

1730, Dec. 23. Montreal. 

Deed of sale of a slave by Louis Chappeau to Sr. Pierre Guy. 

1731, Aug. 15. Roy, Rene. Power of Attorney in favor of Frs. Filiatrault. Dated 
1731, June 4. Detroit, June 4th, 1731. 

Beauhai-nois, M. le Marquis de. Extract from a letter written him 

1728, May 29. by R. P. Guignas, S. J., dated " Mission de St. Michel Archange au 

fort de Beauharnois," in the country of the Sioux May 29th., 1728. 
1731, .June 4. Filiatrault. Datetl Detroit, June 4th., 1731. 



REPORT OF THE ARCHIVIbT 



xli 



SESSIONAL PAPER No. 18 



1731, Apr. 4. 

1732-33. 
1732. 

1732, Oct. 2. 

1732, May '.». 
1732, June 9. 

17.32, Nov. 17. 

1732, Nov. 17. 

1732, June 3. 

1733, June 28. 

1734, May 31. 

1734, .Tune. 

1734, September Ki. 

173.5, May 13. 
1734, March 20. 

1735-1741. 

1736, June 24. 
173.5, December 27. 

1737, June 1. 

1738, May 24. 



La Geniinerais, Chiistophe Dufrost Sr. de. Engagement of Louis 
Jette to former, and his partner Louis Duchaisne to undertake trading 
in the Upper Countries, Signed La Gemmerais — St. Germain (St. 
Gervaise ?), Lecours, dated Montreal. 

Extracts from " Le Journal des Voyages faits par le Sieur Regis de la 
Roullet dans la Louisiane". 

" Journal du Voyage que M. Regis de la Roullet a fait dans La 
Louisiane en 1732, de Mobile en allant aux Tchactas et des Tchactas 
a la Nouvelle-Orleans en descendant la Ri^iere aux Perles." 

Gaillard, Charles, Seigneur de I'ile et Comte de St. Laurent. Sr. 
Letter to M. de Tonancourt, Lt. Genl. of the Jurisdiction of Three 
Rivers, asking for authority to sell the property of Mde. de Latouche, 
widow of Sieur de Cabanas. Signed Gaillard. Also signature of G. de 
Tonnancourt. 

Volant, Xicolas and Francois. Deed of Partnei^ship between them, 
dated Montreal. 

Courtemanche, • Jacq. Francois le Gardeur, Sr. de — and Sr. 
Didace Moiiet. Deed of Partnership for crading at the post of " la 
Bale des Puauts "" signed Courtemanche, Moite. 

St. Ange, commandant at Fort de Charti-es. "Certificate of capacity 
granted Sr. Jerome. Signed and sealed, St. Ange. 

Du Tisne. Contract. 

D'Ainault. Enseigne des Troupes et commandant au Fort St 
Philippe des Miamis and Sr. Pierre Roy Deed of Partnership passed 
in presence of M. de Boishebert at Detroit. 

Acknowledgement of claim in iavov of Srs. Laurent, Parent and 
Pierre Hubert Lacroix, by Jacques Cardinal, Detroit. 

Also two receipts. signed by P. Hubert Lacroix for the company. 

Pean. Letter to M. de Senneville, Captain of troops at Montreal, 
recommending Fi'anQois Barrois who is undertaking a voyage in the 
hope of heivtg cured of a cut by M. Faure, cure of St. Sulpice. Also 
other recommendations given by the same opportunity. Detroit. 

Montcourt, Pierre Hertel Sr. de, Commandant at the post of "La 
Bale de Puants." Agreement made by Pierre Chartier to furnish goods 
for traffic. Montreal. 

Hocquart and Beauharnois. Letter of the Governor contersigned by 
the Intendant, informing the authorities of Martinique that he is send- 
ing an ^ndian chief there. 

Mogras, Sr. Promissory note in his favor, signed by Charles Mar- 
chand at that time at the Fort on the St. Joseph river. 

L'Epervanche, Chs. Frs. de Meziere, Sr. de. Power of Attorney in 
favor of his wife Suzanne Nolan, dated AuSatanons, signed L'Eper- 
vanche. 

Fleury, Charles, chevalier — Coixipanion of d'Iberville in 1694. Auto- 
graph letters describing his service to the King. 

Fleury, Charles. Letter to his family. 

Beauharnois, Charles de, Commandeur de Fordre Royale et Militaire 
de St. Louis, Gouverneur et Lieutenant General pour le Roi en toute 
la Mouvelle France terres et pays de Louisiane. Ordonnance in con- 
nection with Sr. Hertel de St. Francois. Signed and sealed at Quebec. 

De Xojelle. Order on Pierre Fortville to pay to Srs. J. B. Mallet 
d'Aignau, Labutte et Navarre, Detroit. Signed De Noyelle. Receipts 
signed by D'Agneau, Ls. Chesne, L% Butte and Xavarre. 

Tonty, Sr. Joseph de, commandant en second au poste de la Bale 
des Puants. Power of Attorney in favor of his wife Dame Louise de 
Brisson to allow her to draw his pay during his absence. Montreal. 



xlii 



CANADIAN ARCHIVES 



17:^, August tj. 

1738, May 23 

1738, Jtme 4 

1739, October 22. 
1739-1740. 

17^9-1746. 

1742, December 9. 

1742, December 20. 

1743, May 31. 

1743. 

1744, .July 13. 

1744, Nov. 1.1 

174.5, .Tune 9. 

1745, August 6. 
1747, April 4. 
1747, June 1. 

1747, August 16. 

1748, March 29. 
1747, Jan. 16. 
1747, June 3. 
1747. 

1746, August 18. 



5-6 EDWARD VII., A. 1906 

La Martiniere, Claude Ant. de Bermen, Seigneur de, Lieutenant 
d'une eomp. de troupes etc., Commandant au poste de la Baie des 
Puants, au Lac Michigan, Folles Avoines et dependances. Power of 
Attorney in favor of Sr. Pierre TEstage, Merchant of Montreal. Sig. 
Bermen de la Martiniere. 

La Perade, Charles rran9ois Sr. de, officierdes Troupes command- 
ant au poste de Miamis. Engagement of Joseph Jerome de Laprairie 
St. Lambert to take a canoe loaded with goods from Montreal to De- 
troit. Signed Lapei'ade fils. 

Moranville, Louis Godf roy, Sieur de, Otficier des Troupes, commandant 
au jioste des OuSatanons and dependencies. Transfer of his licence to 
trade, to Sieur Francois Auge et Pierre Bissonnet, Merchants at Mon- 
treal. Signed by all three at Montreal. 

Maupeau, Chancelier de France. Letter on family matters, dated 
fro»n Brugeres. 

Journal de la Guerre du Mississippi contre les Chicachas en 1739 et 
terminee en 1740. Original MSS. from the papei's of M. de Buache, 
geographer to the King. 

Buache, Philippe de. Projet pour la publication des meilleures cartes 
etrangeres, 1739, with a letter from M.de Buache to d'Argenson and the 
minister's reply, 1746. 

S. J. Receipt in favour of Francois Desroussons, 



Consent to an exchange of property, dated 



of attorney in favor 
signed La Perriere 



Nau, Luc Francois 
Sault St. Louis. 

Richer, P. D., S. J. 
Montreal. 

Bertel, Chevalier de. Commandant aux Illinois. Resiliation of 
Partnership between him and De la Loeve Flaucourt and Sr. des 
Ruisseaux. 

Du Chouquet, Louis Lefebvre Sr. — Letter to M. le Lt. GenL a 
Montreal. Trading affairs. 

Laperriere, J. Claude Marin, Sr. de — Power 
of Pierre Hervieux fils, dated St. Joseph. 
Marin. 

Jolliet. Extract from the Registers of Quebec in connection with 
the ownership of the Mingan Island by the heirs Jolliet. Signed 
(Charles Marquis) de Beauharnois and (Gilles) Hocquart, Intendant. 

Le Due, Sr. Contract between him and Sr. Joseph Petit. 
Montreal. 

Parent. Letter of Jean Bte. Parent to his brother. Family mat- 
ters. Dated Detroit. 

Clignancourt, Ls. D'Amours, Sr. de. Contract with Sr. Lemoyne 
de Meniere, itc. 

La Verandrve. Directions given to Sr. Gamelin for repairs to 
Forts Maurepas and de la Reine — Montreal. 

La Rose, Sr. Francois dit. Power of Attorney in favor of Sr. 
Baribeau, Michillimakinac. 

Deed of Sale between Chs. ISIarchand and his nephew Foucher, of 
a lot of land at St. Joseph de Levis. 

Deed of Sale to Pierre Marcheteau by Francois Dugaux and his 
wife. Three Rivers. Countersigned Pillard, Royal Notary. 

Portneuf, Baron de Becancourt et de. Receipt appended to the 
above and signed by Robineau Croizille Baron de P. ife de B. 

La Gallissonniere. Gov. Genl. of Canada. Deed of Sale, signed by 
him. 

Le Due, Pierre Souligny Sieur. Power of Attorney of Jean 
Baptiste Guyon in favor of Le Due. Witness : De Noyelle, Com- 
mandant of the Post of Michillimakinac. 



REPOBT OF THE ARCHIVIST 



xliii 



SESSIONAL PAPER No. 18 



1749, June.l 



1749, 


June 19. 


1749, 


May 2tj. 


1749. 




1749, 


October 23. 


1704, 


•June 1. 


1727, 


June 6. 


1731, 


June 23. 



1737-84. 

1738. 

1750, June 13. 

1750-51. 
17-51, .June 6. 
1752, Aug. 3. 
1752. Sept. 28. 



1752. _ 

1753, Oct. 23. 



Sabre vois, Sieur de. Power of Attorney given to Sr. Ignace 
Gamelin, Merchant, Montreal, by the said Sr. Sabrevois, named 
commi=.ndant at Ft. Pontchartrain on the eve of his departure. Dated 
Montreal. 

Letter from Louise Tessier, wife of Pierre Payet (Detroit) to her 
brother Tessier I'aine dit Choumine. Family matters. Written 
at Detroit, no date (1749 0. 

Joliette, Sieur Francois. Promissory note in favor of Sr. Ignace 
Gamelin. Signed F. Joliette and Ignace Gamelin. 
Jolliette, Joseph. Letter to his mother. No date. 
Dumont, Sr. Etienne, Officier Commandant aux Miasmis. Receipt 
in favor of M. Levine at Montreal, signed E. Dumont. 

Warren, Sir Peter. Personal letter. Sir Peter was Admiral and 
Commander of the Expedition against Louisbourg with Genl. Pep- 
perell. Dated Portsmouth. 

La Jonquiere, le Marquis de. Chev. de I'ordre Royal et Militaire 
de St. Louis, &c. kxt. Orders given to Sr. Hertel to embark for 
Louisbourg where he is to serve in the army. 

Du Chesnay, Sr. Juchereau. Letters of appointment as Councillor, 
signed by the' King, to replace Sr. de Monseignat. 

Beauharnois, Charles, Marquis de, Chev. kc. Letters patent to 
" La Compagnie des Sioux ' containing articles of agreement, privi- 
leges and obligations. Dated Montreal. 

De Richevitle. Ls. Drouet Ecr., Sr. de la Graviere. Engagement 
of Louis Marcheteau Desnoyers to take a canoe load of merchandise 
to Michillimakinac and to bring back its return in furs. Montreal, 
Signed La Graviere, J. Bisson, Luc Moreau. 

Kaskaskia papers from 1737-84, ninety (90) in number, being 
mostly of a commercial nature : deeds, transfers, partnership engage 
ments^, sales, concessions of land at Kaskaskia, Fort de Chartres and 
other places. 

Kaskaskia. A further collection of similar papers, 1738, forty- five 
(45) in number. 

Dubreuil, Francois Sr. de la Corne. Contract between him and 
Louis Coulon Sr. de Villiers, Lt. d'Infanterie et commandant au poste 
de Miamis, Montreal. Signed la Corne Dubreuil and De Villers. - 

Dossier in the famous case of Sr. Antoine Juchereau Duchesnay vs. 
Sr. Lenouillier des Grangers in appeal against the judgment of the 
latter. This collection of documents is voluminous, and covers most 
of the years 1750-51. 

Resiliation of Partnership between Pierre de Tailly and Sr. Mar- 
solet, the former restoring to the latter all merchandise in his posses- 
sion. Passed at St. Joseph's in presence of the commandant of the 
Garrison. 

Longueuil, Paul J oseph Sr. de. Letter from Detroit on business 
matters, wherein he says "Je pars aujourd'hui pour la Bale des 
Puants — (Green Bay!) pour m'y rendre en toute diligence.'"' Signed 
Longueuil. 

Laperriere, Marin, Sr. de. Inventory of goods and effects belonging 
to him, taken after his death in presence of R. P. Du Jaunoy, M. de 
Beaujeu commandant at Michillimakinac, MM. Danglade, Bourassa, 
E. Baribeau, residents in the place. Passed at Michillimakinac. 
Dated as above. 

Longueuil, Baron de. Instructions to M. Yassan conformably with 
those given Idv ^1. de Jonquiere. 

Duquesne, M. le Marquis, Chev. de I'ordre Royale et Militaire de 
St. Louis, Capitaine de vaisseau *fec., ttc. Appointment of Sr. Loui^ 



xliv CAXADIAX ARCHIVES 

5-6 EDWARD VII., A. 1906 

Her tel in the. army. Given at Quebec. Signed Duquesne. Counter- 
signed Mervel. 
1"54 A 1 30 Buaclie, Sr. Phillippe. Geographer to the King. " Precis de la 

suite des considerations sur les nouvelles decouvertes au Nord de la 
Grande Mer." Presente au Roi. 

Louis XV, Par le Grace de Dieu, S:c., Roy de France itc, &c. Decree 
1754, ec. 7. relating to the government of Metis. Sealed and signed at Versailles. 

Louis, pour le Roy, R. de Voyer. 

Dorville, Sr. Appointed to replace Sr. Barrazola. Dated Ver- 

1754, Feb. 1. sailles. 

,^ Wolfe, Gen. James. Receipt for pay, dated May 9th, 1755, and 

'^' ' signed Jam. Wolfe. 

1755 Mar 6 D'Auberville. Certificate of Notary Public given M. Chantaloup, 

New Orleans. Signed D'Auberville. 

1755. Wentworth, Penning, Governor of New Hampshire. Original 
speech, in his handwriting, delivered at the opening of the Legislative 
Assembly. Tt refers to the war with Canada, the Crown Point ex- 
pedition and the victory obtained by Gen. Sir Wm. Johnson over the 
French. It also calls for a grant of money to continue the operations. 

De Farchv, Grand Jean. Extract from the Registers of the Aca- 
1755, .Sept, o. J £ w< • ' 

demy ot hciences. 

1750 Sent 20 Monbron, Pierre. I^etter from himself and wife to their daughter ; 

family matters. Michillimakinac. 

1757, May 20. Villebois, Sr. Jordy de. Engagement of Amable Jerome, habitant 

of Laprairie, to take a canoe with merchandise to Grand Portage 
and to bring back one laden with furs. Montreal. 

1757 Sept. 30. Vaudreuil, Pierre Rigaud de, procureur a la Bale des Puants. 

Deed relinquishing his share of interest, under certain conditions, in 
the fur trade, at the said post, in favour of Sr. Jacq. Giasson and 
Ignace Hubert. Montreal. Signed by Rigaud de Vaudreuil, J. G. 
Hubert and Jacq. Giasson. 

1757 \vv 10 Beaucour, Sr. Josue Boisberthelot de, Governor of Montreal. Deed 

of transfer of trading rights at the Post of the Miamis by Sir Charly 

St. Ange to Beaucour and Honore Michel de Villebois. Dated and 

signed at Montreal. 

1757, Alio-. 18. Montcalm. Letter dated "Au Portage, Aug., "18th 1757." 

^' , °' „_' Deschambault, Joseph Fleury Sr. — Power of Attorney in his favor 

l^o7, June 27. . , , -r->. -^ ■, n t tt , i ■ ,( j j' 

Signed by Pieri-e Leduc and Ls. Hurtubise " voyageur des pays d en 

, haut." "witnesses : M. Jean le Verrier, Chev. de I'Ordre Militaire de 

St. Louis, Capt. d'infanterie, in garrison at Montreal. Signed : 

LeVerrier, Hurtubise, Pierre Leduc. 

1758 Aug 8. Levis, Chev. Frs. de — Otficier de I'armee de Montcalm — minuit, 

Aug. 8th, 1758— Letter to Melfort. 
1758.59. '^Cahier d'Extraits des Registres civils de la .jurisdiction des Trois- 

Rivieres " fifty (50) pa.ges, most of them signed by Pillard, Greflier, 
and others, by Hertel de Rouville. 

1759 ,Tulv31 Vaudreuil, '^Pierre Rigaud Marquis de. Deed of sale of lot of land 

in Montreal, made to him by Joseph Dufour dit Latour. 
1758 May 24 Repentigny, Sr. le Gardeur, Chev. de. Deed of acceptance by the 

former from Sr. Deschambault of the post of Keministag8aand Michipi- 

cotin and the trading goods stored there at the rate of 10 per cent 

above the current price at Montreal. Signed Deschambault and Le 

Gardeur Sr. de Repentigny. 
1700, .Jan. 10. Allair, (Allier) Jacq. Commission appointing him judge in certain 

parishes below Quebec. Signed Jas. ^lurray. 
1762, Mar. 2. Rouville, Sr. Michel Hertel, Chevalier de. Power of Attorney 

given by his wife, he being present, Dame Josephte Soumande in 



17*]6, Mar. 28 

1767. 

1761-1798. 



REPORT OF THE ARCHIVIST xlv 

SESSIONAL PAPER No. 18 

favor of Sr. Joseph Fleury Deschambault, Montreal, to collect from 
Sr. 8t. .Jean, 7,500 livres due her. Passed at New Orleans. Signed 
Marie Josephte Soumande de' Kouviile. H, Rouville, Ls. ^'icholas 
Leduc, Marie LeNormand, witnesses. 
1763, July 16. j^^^-^ -j^y Letters Patent, creating Sr. de Xiverville, Chevalier of 

the Order of St. Louis. Versailles, July 16th, 1763. Signed Louis; 
countersigned Le Due de Choiseul. 

1763, Dec. 2. j)g ]Munster, Lt.-Col. Bai-on. Dischaige of Thomas Dunhart, cor- 

poral in the 4th Batt., 60th Royal Americans of which His Excellency 
3Iaj. Genl. Jeffrey Amherst is Colonel in Chief. Dated Boucherville, 
Dec. 2nd, 176;^. 
1704, .Sept. J . Murray, General James. Warrant to George Ross, Esq., Agent in 

London, to pay to M. Dingwall, £33 for a gold watch. Signed Jas. 
Murray. 

1764, Apr. 10. Buache, de. Geographer to the King. " Me'moir remis a I'Academie 
Royale de St. Petersbourg, de la part de Phi. Buache," 10 Apr., 1764. 

Johnson, Sir William. Autograph letter written from "Johnson" 
Hall "" to Geo. Croghan, Esq., dated Mar. 28, 1766. 

Johnson, Sir William. Letter written him by William Petty, Earl 
of Shelbourne, Whitehall, 1767. 

Parish Records of Fort de Chartres and la Prairie du Rocher. 

1768, .June 7. Carleton, Hon. Guy, Lt.-Governor and Commander in Chief of the 

Province of Quebec, ifec, &c. Permit to Rev. Pierre Gibault to go to 
the North-west country, and instructions given to vail officials to facil- 
itate his journey. Montreal, 7th June, 1768. Signed Guy Carleton. 

1769, Dee. !). Carleton, Hon. Guy, Lt.-Gov., etc., &c. Order on " M. Allsoppe 

to please let the bearer have seventy rations of provisions for a party 
of Ii'oquois Indians ; in pork and flour, if they choose it." Signed Guy 
Carleton. 

AVilkins, Col. John. In French and Indian Wars. Autograph 
letter : personal affairs. 
1((0, .July 31. Carleton, Hon. Guy, Lt. Governor ifcc, lire. Order on the respective 

officers of His Majesty's Ordinance to issue stores to the "savages" of 
Lorette. Quebec, July 31st 1770. Signed Guy Carleton. 

1770, Dec. 18. Johnson, Sir William. Letter written him by James Stevenson, 

Esq., Commissioner at Detroit abovit the French and Indians there. 
" Jt is not at all complimentary to the former whom he styles ' rascals ' 
whose ideas do not extend beyond the circumference of a beaver skin."' 

1778, Sept. 17. Haldimand, Frederick, Governor General and Commander in Chief 

of His Majesty's Forces in the Prov. of Quebec cfec, &c. Warrant 
addressed to John Powell, Depty. Pa^-master General, for payment to 
Lt. Col. John Campbell, Supt. of Indian Affairs. Soiel, 17th Sept. 
1778. Signed Fred. Haldimand. 

1782, Sept. 8. Gibault, PieiTe. Last will and testament made at Ste Genevieve, 

Sept. 8th 1782. Signed Pierre Gibault, Priest. 

17S2, Nov. 13. Clark, General George Roijers. Autograph letter dated Miamis, 

Nov. 13th 1782. Signed G. R. Clark. 

1784, .July 1.5. Cowan, George. Letter to his brother, dated !Michillimakinac. 

The Cowans were Indian traders. 

1785, Oct. 10. Haldimand, Lord. Letter concerning his estates in Pennsylvania. 

Addressed to Major Prevost, from Curzon Street. Oct. 10th 1785. 

1787, Feb. 16. Marie Antoinette, Queen of France. Appointment of Sr. Courier, 

equerry to the Queen. Versailles, Feb. 16th. 1787. Signed Marie 
Antoinette. 

1788, Feb. 20. Washington, Genl. George. Autograph letter addressed to General 

Wilkinson, Kentucky, on personal affairs. Dated Mount Vernon, 
Feb. 20, 1788. Care of Colonel Biddle, Philadelphia. 



1770. 



xlvi 



CAXADIAX ARCHIVES 



1794, 97, 99. 

1795, Nov. 22. 

1795, Oct. 25. 

1797. 
1793-1833. 

1798-99. 
1800, Feb. 15. 

1800, Mar. 24. 
1800, Apr. 12. 
1800, &c. 

1804. 

1815-16. 

1819, December 22. 

1804, October 15. 

1807, ISIarch 21. 

1807, April 21. 
1807, May 19. 
1807, October 3. 

1807, No\ember 20. 

1809, February 5. 

1811, December 25 
1813, April 24. 

1812. 



5-6 EDWARD VII., A. 1906 

Kaskaskia. Manuscript History of. (Cascasquia), compiled by J. 
H. Gunn. 1st The Mission ; 2nd The French Colony ; 3rd the English 
Colony. 13 pages. Notes (originals) that have evidently .served in 
compiling the above history. 

Kaskaskia. A large collection of commercial paper, orders for 
bread, &c., in connection with Kaskaskia, issued at Fort New Madrid. 

York, Edward Duke of. Warrant for j^ayment addressed to Henr}"- 
Atkins, Paymaster of Contingencies. Signed Edward, Maj. Genl. 
commanding His Majesty's Forces in Nova Scotia and its dependencies. 

York, Edward Duke of. Pay list of working parties of His Majest3^'s 
7th Regiment or Royal Fusiliers, employed in the District of Halifax, 
N.S. Signed Edward, Maj. Genl., Col. of the Royal Fusiliers. (Both 
papers dated Halifax). 

Brant, Joseph (Thayandanega) Indian chief. Autograph letter : 
Personal affairs. Newark. 

Upper Canada papers. 70 documents. A very important collect- 
ion of letters and other documents, many of them official. Quite a 
number refer to the founding of the city of Toronto, bearing signatures 
of Govs. Simcoe, Russell, Hunter, ttc. Other papers refer to the War 
ofl812, »kc. 

Puisaye, M. le Comte Joseph de. Letter to the government, and 
receipt for articles received for the French emigrants settled at 
Windham. Detailed list between Dec. 13th. 1798 and Dec. 31st. 1799. 

Hunter, P., Lt. General. Letter concerning French emigrants who 
have left the settlement. Quebec, loth. Feb., 1800. Signed P. Hunter, 
Lt. Genl. Addressed to John McGill Esq. 

Green, James. Letter to. Topics of the day. Quebec, Mar. 24th., 
1800. 

Map of Upper Canada, Compiled for His Excellency Maj. Genl. 
Simcoe, 1st Lt. Governor of Upper Canada. 

Kaskaskia. New Madrid and Vincennes. Papers i-elating to above 
places; mostly commercial, and of little historical value. Y''ear 1800 
and following. 

Specification of Land Grants in L^pper Canada. 

Specification of Fees on said land grants. 

Grant of Land. 

Russell, Hon. Peter. Letter from the Commissioner of Public 
Accounts calling on him to account for £5,700 drawn upon the Treas- 
ury for payment of supplies. 

McGillivray, W. Letter to M. Cowan, concerning trading affairs. 
Montreal. 

Letter. Jas. Green to John McGill. 

II U II II II 

Gore, Hon. Frs., Lt. Governor, To Hon. John McGill in reference 
to supplies. 

Thornton, Wm., Military Secretary. Letter to Hon. John McGill, 
on the same subject. 

Thornton, Wm. Letter to Hon. John McGill in reference to 
supplies, 
to Statement of supplies, ammunition, clothing for troops and Indians 
in Upper Canada. 

Dearborn, Major General Henry. " The Dearborn papers " — a 
collection of 113 documents, mostly general orders and correspondence 
with other generals : Van Ransalear, Wadsworth, Lewis, Bloomfleld ; 
all in connection with the Avar of 1812. Very valuable, furnishing 
information otherwise unobtainable. 



REPORT OF THE ARCHIVIST xlvii 

SESSIONAL PAPER No. 18 

1814, March 14. Drummond, Gordon, Esq., Pi'esident of Council, Administrator of 

the Government of Upper Canada and Lt. General commanding His 
Majesty's forces in the same, to John McGill, Esq., Acting Receiver 
General of the said Province to pay to Mr. George Lowe, gentleman 
usher of the Black Rod <£88 lis. 8^d. for the contingent accounts of 
the Legislative Council, eirc, kc. Warrant signed at York, Mar. 14, 
iSU. " 

1814, December 2G. "Warrant from Gordon Drummond, Administrator, to J ohn McGill, 
to pay Catherine "Wolf rum one year's pension. Kingston, Dec. 26, 
18U. 

1818, January 15. Henry, Alexander, the celebrated fur trader and explorer. Letter 

to John Henry, Esq., on personal matters, dated from Montreal, Jan. 
15th. 1818. 

1823, October 10. 'V\^ilkinson, Alexander. Deed of grant of land to him in the town 

of Cornwall. 

1827, June 7. Cowan, James — Letter to his uncle Isaac Cowan, "\"audreuil, on 

family matters. Dated Fort Wayne. 

1827, (?) December 19. La Rochefoucauld Liancourt, Letter to MM. LeRoy and Bayard, 
New York. Dated from Philadelphia, signed Liancourt. 

1829, November 29. Macaulay, the Historian. Autograph letter on personal matters 

written to Mr. Smith, dated Albany, Nov. 28th., 1829. 

1830, May 14. Selma, ship of Mobile. Commission as privateer. Signed by 

Andrew Jackson, 3Iav llth., 1830. Description of vessel, armament, 
kc. 

1833, November 27. Grant, Christy. Deed of a grant of land given him in the County 
of Glengarry, Nov. 27th., 18.33. 
? ? Manuscript of G. D. Hubland's recollections of the first year of his 

life as an Indian Traveller (Published). 

1729, (?) La Noue, Zacharie Rabutel Sr. de, Capt. of troops. Deeds of Agree- 

ment with Paul de I^amarque, Ecuyer, and Sr. Marin, officer in a 
Company of said troops to share in the profits of trade with the Indians. 
Signed La Noue, Marin, Moniere and Francheville. No date. 

^^^~' ^'' Louvigny, Louise de. Obligation in favor of M. Devaine, counter- 

signed, Moite. No date. 
'"^"' ^'' Moras, Michel Monette, Sieur de. Obligation in favor of Jacques 

Dugue, signed Michel Monette, Sieur de Moras, P. Charly, Dugue, CI. 
Maurice. No date. 

l''^^' (') Louvigny, ]N[. de. Engagement of Maurice Menard as interpreter 

on an expedition. — No date. 

6 juin 1645. HUAULT DE MONTMAGNY. 

Prolongation de la Commission de Gouverneur et Lieutenant General a Quebec au S"" 
Huault de Montmagny. 
Louis par la Grace de Dieu, Roi de france et de Navarre, a notre tres cher et 
bienaime Charles Huault de Montmagny, chevalier de I'ordre de S' jean de Jerusalem, 
Salut, vous ayant cy devant Commis, ordonne et etahli Gouverneur et notre Lieutilt. 
General a Quebec et sur le fleuve de S' Laurent et autres Rivieres qui se dechargent 
en icelui ; vous auries acquis tant de Reputation par votre Sage et prudente Conduite 
pendant les Trois annees de cette employ, que ceux de la Compagnie de la Nouvelle 
france ayant vu que ced terme de Trois ans s'en alloit expirer, nous ont tres humblement 
supplie et requis de vouloir prolonger votre Commission pour autres trois annees pro- 
chaines, at apres plusieurs bons temoignages qui nous ont ete rendus par notre tres cher 
et bien aime Cousin le Due de Breze grand Maitre chef et Surintendant General de la 
Navigation et Commerce de france, de votre capacite, valeur et experience, fidelite et 
affection pour notre Service a ces causes nous de I'avis de la Reine Regente notre tres 
honoree dame et mere vous avons commis, ordonne et etabli, commettons, ordonnons et 



xlviii CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

etablissons Gouverneur et nutre Lieutenant General repre'sentant notre personne a Quebec 
et dans les Provinces arrosee du fleuve S' Laurent etdes autret; rivieres qui se dechargent 
en icelui et lieux qui en dependent en la Nouvelle france, pour commander a tous les 
gens de Guerre qui seront aud pays, tant pour la garde desd. lieux que pour maintenir 
et conserver le negoce, prendre soin de la colonie dud. Pays, conservation et surete d'ice- 
luy sous notre obeissance, avec pouvoir d'etablir sous vous tels lieutenants paur le fait 
des armes que bans vous semblera, comme aussi par forme de provision, et jusqu'a ce 
qu'il y ait des juges souverains etablis sur les lieux pour Tadministration de la justice, 
vous donnons pouvoir et aux lieutenants qui seront par vous etablis de juger souvrai- 
nement et au dernier Ressort avec les chefs et officiers de la Nouvelle france qui se trou- 
veront pres d'eux, tant les soldats que autres habitans desd. lieux, tenir la main a I'ex- 
ecution desd. arrests et Heglements du Conseil, faits pour I'etablissement et conduite de 
la Compagnie de la Nouvelle france et des accords faits entre la dite Compagnie et les 
habitans desd. lieux et jouir par vous durant lesd. Trois annees a commencer du jour et 
datte des Presentes de la d. charge aux honneurs, autorites, preeminences, privileges, 
droits, profits, emoluments qui y sont attribues. Si mandons a tous nos lieutenants 
-Generaux Capitaines et conducteurs de nos gens de Guerre, jtsticiers et officiers cliacun 
en droit soit qu'ils vous laissent, soutfrent et laissent jouir et user de lad. charge, pleine- 
ment et paisiblement et a vous obeir et entendre de tons ceux et ainsi qu'il appartiendra 
es choses touchant et concernant la dite charge, de ce faire, vous avons donne et don- 
nons pouvoirs, commisssion et mandement special par ces dit"^ presentes, car tel est notre 
Plaisir. donne a Paris le sixieme jour de juin, I'an de Grace mil six cent quarante cinq, 
et de notre Regne le Troisieme. 

(From copy supplied by M. Tantet). 

Copies and extracts frotn documents mentioned in the preceding calendar. 

Proces Verbal de la prise de possession des terres du Lac Erie. 

Nous icy soubsignes certifions avoir vu afficher sur les terres du Lac, nomme d'Erie, 
les Armes du Roy de France Au pied d'une croix, avec cette inscription " L'an de 
salut 1669, Clement IX etant assis dans la chaire de St. Pierre, Louis XIY regnant en 
France, M. de Courcelles etant Gouverneur de la Nouvelle France et M. Talon etant 
I'intendant pour le Roy : — sont arrives en ce lieu deux missionnaires du Seminaire de 
Montreal, accompagnes de sept autres francais, qui, les premiers de tous les Peuples 
Europeens, ont hyverneen ce lac dont ils ont pris possession au nom de leur Ro}^, comme 
d'une terre non occupee, par I'apposition de ses armes qu'ils ont attachees au pied de 
cette croix. En foy de quoi nous avons signe le present certificat. Frs. Dollier, p"'* 
du diocese de Nantes en Bretagne, De Galine, diacre du diocese de Rennes en Bretagne. 
(From the Burton collection). 

Haldimand, Sir Frederick. Order to Lt. Governor Hay to put Capt. Bird in pos- 
session of land granted him. 

Sir, — Capt. Bird of the King's or 8th Regiment having memorised His Excellency 
General Haldimand to confirm a grant made to him by Lt. Colonel de Peyster of a small 
lot of land and house at Detroit, formerly a blacksmith's shop, de^ci'ibed tlierein, I am 
commanded by His Excellency to acquaint you that in consideration of Capt. Bird's 
present services at Detroit, and his having been at some expense in fitting up the said 
house, he is pleased to relinquish to him all right to it on the part of the Crown and 
desires that you will put him in possession accordingly. 

I am, Sir, 

Your most obedient and humble servant, 

R. MATHEWS, Secretary. 
.To Lt. Gov. Hay, 1781, 

(From the Burton collection.) 

Henry, Alexander — The great trader and explorer. Extract from letter written 
him by John Askin. 

" We have account here that Mr. Buonaparte having taken a very diffex-ent route 
" from what he intended as you heard, England is a better climate than Egypt and the 
" Holy Land. In spite of him or any other man on earth, most people will enjoy their 



REPORT OF THE ARCHIVIST xlix 

SESSIONAL PAPER No. 18 

' own sentiments respecting religion. I think before a man's two hours dead, he knows 
' moi'e about the matter than all those that remain behind." 

Deti'oit, Dec. 15th, 1798. Signed- J. A. 

(From the Burton Collection.) 

Askin, Charles. Extract from a letter to his father J. Askin, describing the Battle 
of Queenstown Heights. 

Friday, 16th Oct. "Battle of Tuesday last we took 800 prisoners, 65 of 

whom are officers, and we killed and wounded I think about 200 more. We took one 
of their standards also> and a six poimder. It would have been a great victory had we 
not lost our gallant General Brock, who was killed when animating the 4:9th Regt. 
and urging them to charge the enemy, who had just then taken our Battery on the 
Mountain. Soon after the General was killed, his Aid de Camp Col McDonnell received 
a wound of which he died two days after. He was a very promising young man. Both 
he and the poor Genei'al wei-e jrst now (buried) interred. The procession was grand; 
the Indians forming part of it. 

We ha\'e had a cessation of hostilities for three days by agreement " . . . . etc., kc. 

Your faithful and affectionate son, 
(From the Burton Collection) Chas. Askix. 

Askin, John Jr. Exti'acts from letter to his father dated from Michilimakinac, 
19th July 1812. 

My dear father, — Your favour of the 21st ult. reached me the 16th inst. About 
an hour before I left St. Joseph's with ray detachment of Indians, composed of Ottawas 
and Chippewas, consisting of 280 men for the purpose of taking this place. We left St. 
Joseph's on the 16th at 10 o'clock A.M. with a fleet of 50 canoes 10 warriors in each, 
12 barges with 200 Canadians, two iron six pounders and 40 men of the 10th R. V. 
Battalion, scaling ladders, ammunition, etc., ttc. 

The element was propitious to our undertakings. Having the command of the 
left wing, I landed one hour before clay break in the rear of the Island and formed at 
day break. The centre composed of the Canadians and veterans landed and formed, so 
did the Right wing. Our ordinance was landed and dragg'd with velosity (!) thro woods, 
swamps, hills, and at 10 o'clock our six pounder was erected and placed on a rising 
ground which had the entire command of the Fort. The Right wing composed of 103 
Sioux, Folavoines it Waynebegos commanded by Mr. Dixon was formed in order, mine 
was composed of Ottawas tt Chippewas, and about 50 men, who joined me at my taking 
position as ordered by our worthy Capt'n Roberts. The Indians were like devils to 
storm the place, they even advanced in spite of all my exertions (t of six or seven inter- 
preters ct volunteers near the Fort Pickets and would have killed Capt. Hanks (I was 
told) had they not been prevented, for he was within gun shot. At 10 o'clock a flag of 
truce was sent for the besieged to capitulate which they did, and at 11 o'clock the Fort 
was put in possession. Pi'evious to the capitulation, Mr. Abbot Howard, Stone Jones 
& all the citizens of the U.S gave themselves up prisoners of war; the vessels in port 
were likewise given up. The commanding officer has since the capitulation given up all 
private property : — the officers and men to be sent down on parole until exchanged. 
The Fort is a beautiful place and what does honour to those who had the command, is 
that not a single person has been injured nor a single fowl killed, belonging to any 
person whatever. Happy thing for the Americans that they did not fire a shot, for, 
had they fired and wounded any person, not a soul would have been saved from the 
Hatchet. I assure you I never saw so determined a set of people ; they would not 
have spared man, woman or child. Johny was my right hand man and deserves credit 

for his exertions in preventing the Indians from committing impi'oper acts. * * 

* * * * .j^ 

Jno. Askin, Jr. 
To John Askin Esqr., ^trabane. 
(From the Burton Collection) 
18— D* 



1 CA yA DIA X A RCBI VES 

5-6 EDWARD VII., A. 1906 

de la Roche, M. le Marquis. 

ISSfJ- Procuration donnee par le Marquis de la Roche a son doniestique De- 

clemy, pour faire vendre certains biens. 20 Fev. 1.586. 

Troilus des Mergouets, Sieur de Kermvalec, de Trevarez et Coetarmal, 
Baron de Laz de Carentan et de St. Lo, Marquis de la Roche, Helgomarch. 

Fut present en sa personne, haut et puissant»Seigneur Troilus des Mer- 
gouets, chevalier de I'ordre du Roy, conseiller en son conseil, capitaine de 
cinquante hommes, d'armes, de ses ordonnances, capitaine et gouverneur 
des Ville et Chateau de Fougere et Morlaix en Bretagne, Marquis de Coe- 
tarmal, sieur de la Roche, Vicomte de Carentain et de St. Lo, kc , (fee, etc. 

From the Arch, of the Chicago Hist. So. (Signe) 

DE MERGOUETS. 
Montmagny, Sieur de — 
1638_ " Charles Huault de Montmagny, Chevalier de I'ordre de St. Jean de 

Jerusalem, Commandant Lieutenant General pour le Roy en toute I'etendue 
du grand fleuve St. Laurent, kc. Suit la concession d'un terrain a Guil- 
laume Isabelle. 
Fait a Quebec (jour du mois illisible) 1638. 

(Hist. Soc. Chicago.) (Signe) C. HUAULT. 

Montmagny, Sieur de — 

Couillard, Guillaurae — Petition addressed to M. de Montmagny, Gov- 
ernor of Canada, by Guillaume Couillard, praying that a family council be 
called to advise him as tutor to the minor children of the late Guillaume 
Hebert and Helene Desportes, his widow, wife of Noel Morin. 
A Monsieur le Gouverneur. 

Supplie humblement Guillaume Couillard tuteur des enfants mineurs 
de feu Guillaume Hebert et d'Helene Desportes sa veuve, a present femme 
de Noel Morin, habitant de Quebec, declarant que le dit feu Hebert a laisse 
entre autres biens, aux dits mineurs un mechant corps de logis, les pans en 
bois, qui menace ruine. Et d'autant qu'il couterait beaucoup plus qu'il ne 
vaut pour les reflections qu'il y conviendrait faire, etant besoin de la rebatir 
tout de nouveau, si Ton veut s'en servir ce qui n'apporterait aucun profit 
aux dit mineurs ; et meme qu'il n'y a aucun fonds entre ses mains qui leur 
appartienne et dont il puis le faire batir. Ce considere, il vous plaise 
ordonner que les parents des dits mineurs seront appeles devant vous pour 
donner avis au dit tuteur sur ce que dessus, et ferez bien. 
Signe a Quebec pres la maison du dit Couillard, tuteur 

Marq. + G. COUILLARD. 

dit 
Soit fait ainsi qu'il est requis ci-dessus 
Fait a Quebec le 12 Juin mil six cents quarante quatre. 

(Signe) C. HUAULT. 

Proces Verbal de I'assemblee dont il est question. 

Aujourd'hui meme jour, le douz'm de Juin mil six cents quarante 
quatre, ont comparu devant nous, Guillaume Hubou, habitant de Quebeq, 
a cause de Marie Rollet, sa femme, grand'mere des dits mineurs ; Noel 
Morin, habitant de Quebeq, a cause d'Helene Desportes sa femme, mere dea 
dits mineurs, Olivier de Tardif, a cause de feu Louise Couillard, jadis sa 
femme, cousine des dits Mineurs, Rene Maheu, aussi habitant de Quebeq, 
cousin des dits mineurs du cote paternel, Abraham Martin, a cause de 
Marguerite Langlois sa femme, tante maternelle des dits mineurs, Etienne 
Racine, a cause de Marguerite Martin, sa femme, cousine maternelle des 
dits mineurs, de feu Guillaume Hebert et d'Helene Desportes a present 
femme du dit Noel Morin. Appelles a la requete de Guillaume Couillard 



REPOm OF THE ARCHIVIST li 

SESSIONAL PAPER No. 18 

tuteur des dits mineurs, Lequel nous a demande que les dits parents eussent 
a lui donner avis sur le contenu de la requete par lui a nous faite le douz'me 
du present mois et an ci-dessus. 

Lesquels apres serment que nous leur avons fait faire de donner I'avis 
qu'ils jugeront le meilleur pour le bien des dits Mineurs, ont tous unanime- 
ment reconnu la ruine imminente de la dite maison et qu'il n'y a aucune 
esperance de la faire rebatir pour le present -au point de I'utilite qu'en 
retireraient les dit mineurs, vu que cela est beaucoup eloigne de leur terre 
defrichee, et meme que Ton ne pent faire batir en ce pays qu'avec de tres 
grandes depenses ; sont d'avis que le tuteur vende tant "les dits batiments 
que la place ou ils sont et (la) terre adjacente, qui ne pourrait monter en 
tout qu'a douze perches ou environ, pour employer les deniers qui en pro- 
viendront a faire defricher les terres a I'avantage des dit mineurs. 

Ouy, lequel avis, nous avons ordonne, vu que le nombre des parents 
n'est pas suffisant, que le dit tuteur fera aj^peller d'autres parents ou des 
voisins et amis des dits mineurs et poura ... present ordonnons ce que 
dessus. ^ 

Et ont signe, hors le dit Hubou et Abraham Martin qui ont declare 
ne savoir signer de ce requis. 

Noel Morin Maheu 

du 
Marq. + Hubou Le Tardif 

dit 
du 
Marq. + Martin E. Racine 

dit 
^^ „ (et en marge) C.h. (Charles Huault de Montma^ny) 

^i, 1, m"^^ follows the certificate of the two carpenters appointed to examine 
the building and who report it as worthless and even dangerous to passers 
by They value the same at fifty livres (-810). The experts were Nicolas 
Jfelletier and Etienne Racine. 

Note —This document is almost illegible. The house in question was 
undoubtedly the home of Louis Hebert, the first house erected in the Upper 
town, Quebec. ^^ 

. (Historical Soc. Chicago.) 

La Salle, Robert Cavelier, Sieur de — 
1643. TT ^^^''^f '* l"* Registre des Actes de Baptemes de la paroisse de Saint- 

Nov. 22. -Merbland de Rouen I'an seize cent quarante trois. 

" Le vingt deuxieme jour de novembre a este baptise Robert Cavelier 
^^ fals d honorable homme Jean Cavelier et de Catherine Gest, les parrain et 
" marraine, honorables personnes, Nicolas Gest et Marguerite Morice." 
(Historical Society Chicago). 

Three Rivers — First founders of. 
Janl^9 , Fragment of a petition to the Governor, Jan. 9th 16-3 with signature 

ot Pierre Boucher, Jacques Leneuf, Jean Godfroy de Linctot, Michel Le 
Neuf de Hensson, Francois Hertel, Quentin Moral, Sieur de St. Quentin 
i?rancois Marguene, Rene Robineau, Jean Sauvaget. ' 

Ville Marie — First settlers. 
16.57. Portion of a Petition or of some such document bearing the followin<> •— 

" fait et passe au fort de Ville Marie mil six cent cinquante sept* 
(Signe) ^ • 

Paul de Chomedy Catherine de la Yaux 

Paul Ragneneau L. Closse 

Claude Pijard Isabelle Moyen (femme de Closse) 

l-rancois Le Mercier Jeanne Mance 

Francois du Perron, S. J. Marie Moyen 

Marin Jeannot dit Lachapelle Jacques Yautie, S.J. 
18 — pi* 



hi CANADIAN ARCHIVES 



5-6 EDWARD VII., A. 1906 



June 8. 



Pierre Gadois Cavelier ?. . . . 

Nicolas Hubert dit Lacroix N.S. 

Gilbert Barbier dit Minime Jeanne Lemoine 

Jacques Picot dit Ijabrie Jeanne Gervaise 

Mathurin Gode Marguei'ite Landuceau 

Catherine Primot Louis Chartier de la Broqueterie 

Allouez, P.P. Claude, 8.J.— 

1661. Power of Attorney in favor of Sieur Pierre Boucher, authorizing him 
.to settle a dispute about some land. 

Claude Allouez de la compagnie de Jesus, Superieur de la Residence 
des Trois Rivieres, et seigneur au nom de la dite compagnie des terres du 
Cap de la Madeleine, a tous ceux que ces presentes verront, Salut. 

Etant necessaire de se transporter sur certaines terres de notre Sei- 
gneurie que le Sieur de la Poterie dit lui appartenir, pour voir s'il a fait 
travailler sur les dites terres, ainsi qu'il est oblige par I'enregistrement d'une 
prise de possession qu'il nous a exhibee, nous avons fait choix de la per- 
sonne du Sieur Boucher, comme juge de la dite Seigneurie, auquel nous 
avons donne commission par celles-cy de se transporter sur les lieux accom- 
pagne des personnes et d'autant qu'il jugera necessaire pour cet effet afin de 
faire sur les lieux un proces-verbal de I'etat auquel il trouvera les dites 
terres, le Juin, 1661. 

Fait et passe a noti'e maison des Trois Rivieres le huit du meme mois 
et du meme an, 1661. 

(Signe) CLAUDE ALLOUEZ, S.J. 

Note. — The " Sr. Pierre Boucher " herein referred to is the founder of 
the de Boucherville family. 

1662. Medard Chouart, Seigneur des Groseillers, — 

15 Mai. Reconnaissance d'un pret fait a lui par le R.P. Claude Jean Allouez, 

de la compagnie de Jesus, Superieur de la residence des Trois Rivieres et 
du cap de la Madeleine. Signe, Marguerite Hayet femme de Medard Chouart, 
Seigneur des Groseillers. May 15th 1662. 

1666. Jolliet, Adrien, frere aine de Louis Jolliet, — 

20 Apr. Contrat de societe entre Adrien Jolliet et Denys Guyon (Beaupere de 

Lamothe Cadillac), et autres. 

L'an mil six cent soixante six, ce vingtieme jour d'Avril, apres midi, par 
devant nous, en la jurisdiction, seigneurie et prevoste du Cap de la Made- 
leine, et temoins soussignes, furent present en leur personnes, duement sou- 
mises a la dite jurisdiction, seigneurie et prevoste ; les sieurs — Adrien 
Joliette, DenA'S Guyon, Laurent Philippe Frangois Collart, Antoine Serre, 
Benoit Boucher, Jacques Mopas et Jacques Lagillier : lesquels d'un commun 
consentement et par ensemble se sont accordes aux societes et condi- 
tions cy-apres, touchant le voyage qu'ils vont present ement faire pour les 
Outaouaks, lesquels traiterent tous par ensemble et avec fidelite, toutes 
leurs marchandises aux dits Outaouaks ; et a leur retour en ce pays, parta- 
geront leurs profits par ensemble aux conditions du quel partage faites icy 
— Messieurs les denommes cy-dessus se pourvoiront? aux marches qu'ils ont 
fait par ensemble, tant avec le dit Sieur Jolliet que le dit Sieur Guyon, et en 
cas que par accident il arrivat quelque maladie a Tun d'eux s'obligent les 
dits denommes cy-dessus a le soulager et payer de leur profit, et en cas que 
la mort arrivat aussi a quelqu' un d'eux les denommes cy-dessus promettent 
de tenir compte aux heritiers du defunt, sur le tout, de sa part que dessus, 
sans exception quelconque, dont et de tout le quel dessus, les parties s'y sont 
obligees. Promettent les dites parties &c, &c. 



REPORT OF THE ARCHIVIST liii 

SESSIONAL PAPER No. 18 

Fait et passe en la maison du dit Sieur Jolliet les dits jour et an que 
dessus sous seeing des dites parties. 
(Signe) 

Philippe Francois Collard 

Mopas A. Serre 

Jacques Lagillier Benoist Boucher 

Jolliet Jacques de la Touche 

Denys Guvon 
30Avrill666. 

22 Juin. D'Ailleboust, Ls. — Accord entre Barbe de Boulogne veuve de feu Ls. 

D'Ailleboust, Gouverneur du Canada, et Charles D'Ailleboust, son neveu, 
au sujet de la vente et le partage des proprietes appartenant au dit feu 
Louis D'Ailleboust 22 juin 1668. 

" A tous ceux qui ces presentes verront, la compagnie des Indes Occi- 
" dentales, seigneur de ce pays, Salut : — Savoir faisons que pardevant Jean 
" Lasonde (dit Lecomte) notaire en la Jurisdiction de la villa de Quebec, et 
" temoins soussignes, furent presents en leurs personnes, Charles D'Aille- 
" boust, Ecuier, Sieur des JNlusseaux, tant en son nom comme heriticr, que 
" ce faisant et portant pour les cohcritiers en cas qu'il s'en presente, en la 
" succession de defunct Messire Louis D'Ailleboust, Chevalier, seigneur de 
" Coulonges, cy devant Gouverneur et lieutenant general pour Sa Majeste en 
•' toute I'etendue de ce pais, son oncle, d'une part. Et Dame Barbe de 
" Boulougne, veuve du dit defunct, en son nom, tant a cause de la commu- 
" naute qui etait entre le dit defunct et elle, que comme donataire mutuelle 
" en usufruit des biens du dit defunct." 

Resume de la suite de ce document qui est tres long. 

Le Sieur des Musseaux demande la moitie des biens laisses par son pere 
et que partage en soit fait entre la dite Ve D'Ailleboust et lui. En qu'en 
ce faisant elle lui rende compte du fruits pergus depuis le deces du dit Sr. 
Louis D'Ailleboust.. II pretend qu'elle na pas fait faire d'inventaire apres 
la mort de M. D'Ailleboust. Ce qui a ete cause de la perte de certaines 
sommes dues a la communaute par les habitants du pays, qu'elle aura meme 
laisse deperir les batiments de Coulonge et d'Argentenaye, quoiqu'elle fut 
obligee a leur entretien. De plus il reclame un certain montant — sa paye — 
pendant trois ans, dans un camp volant que le Sieur D'Ailleboust avait mis 
sur pied. 

La veuve D'Ailleboust pretend que s'il y avait manque de quelque for- 
mahte c'etait dans I'apprehension de biens a elle laisses par son defunct 
mari, en vertu d'un acte notarie (lQb2), qu'elle a toujours agi de bonne foi 
et meme a appele le Sr. de Musseau en son conseil, comme il appert par 
" I'inventaire fait devant Paul de Chomedy, Sieur de Maisonneuve, et par la 
sentence rendue en consequence, le dit Sr. des Musseaux etant present et 
ayant signe au bas de la dite sentence. — Suit la sentence — que quant a ce qui 
a ete allegue qu'on avait laisse deperir les batiments de Coulonge et d'Argen- 
tenaye, il ne fallait pas lui attribuer la faute, mais aux batiments memes — 
d'autant plus que les incursions continuelles des Iroquois obligerent le dit 
defunct et la dite dame de les abandonner. Qu'en 1664, le 29 Oct., elle 
avait donne ordre de demolir le grand Logis de Coulonges pour en faire un 
petit a loger le fermier ; ce qui fut fait qu'a Argentenaye. Elle en fit 
autant, 1664, 3 Dec. 

Le conseil Jacques Perrot dit Vieildaigre, Pierre L'Oignon, Gabriel 
Gosselin et Guillaume Bauger dit Morency, tous le I'lle d'Orleans. Nean- 
moins la dite Veuve consent a un partage reclamant cependant I'execution 
de ses droits anterieurs a la mort de son mari, accorde par jugement de 
Jean Levasseur dit Lavigne, Greffier au Conseil Souverain, Jean Hamonet, 
temoin. Signe Lecomte, Xotaire, 22 Juin 1668. 



Kv CANADIAN ARGHIVES 



5-6 EDWARD VII., A. 1906 



Talon, Jean — Intendant of New France. Declaration in connection 
with a request of Sieur des Musseaux (Charles D'Ailleboust) to grant him 
He Bourdon. Jean Talon Intendant de la Nouvelle France ttc, ifec. 

" Pour servir de memoire, que monsieur des Musseaux nous a demande 
" L'lle Bourdon avec deux ilots contenant la dite ile et les deux ilots en- 
" semble environ six vingt arpents et que nous avons promis de lui en faire 
" de la part du Roy et de MM. de la Compagnie des Indes Occiden tales, la 
" concession, a I'arrivee des Vaisseaux : et apres avoir recu les ordres de la 
" cour par le retour de notre secretaire, en tant que la chose dependra de 
" nous et que Sa Majeste nous aura laisse le pouvoir d'en disposer. 
Fait a Quebec ce 27 Juin 1668. 
(Historical Society, Chicago.) (Signe) TALON. 

De Tracy, M. le Marquis — Gouverneur et Lieut. General pour le 
Roy en la Nouvelle France ifec. 
1670. Furent presents en leurs personnes M. Alexandre de Prouville, Che- 

26 Avril valier, seigneur de Tracy, Conseiller du Roy en ses conseils, Lt. General en 
ses armees et gouverneur du Chateau Trompette de Bordeaux et Dame 
Lucille de Fouilleuse son epouse, qu'il a autorisee a I'effet qu'en suit, demeu- 
rant a Paris rue du BouUoir en la maison et I'hotel de St. Esprit paroise de 
St Eustache. Lesquels ont reconnu et confesse devoir solidairement un 
seul et pour (les deux) le tout ? sans decision, discussions et fidei jussi on a 
Henri de la Fresnaye ecuyer du dit seigneur Tiacy, demeurant avec lui 
depuis sept annees, en ce acquittant et acceptant la somme de deux mille 
quatre cents livres, pour pret d'argent que les dits seigneur et dame Tracy 
declarent leur avoir ete fait par le dit seigneur de la Fresnaye en deux 
diverses fois, la premiere en I'annee mil six cent soixante sept et la seconde 
en I'annee mil six cent soixante huit sans lui en avoir fait aucun ecrit. Et 
laquelle somme de 2400 livres les dits seigneur et Dame de Tracy promet- 
tent et s'obligent solidairement comme dessus, rendre bailler et payer au dit 
Sieur de la Fresnaye, ou au porteur en cette ville de Paris a la volonte et 
premiere requete du dit Sieur de la Fresnaye a peine de toute depense, 
dommage et interet : et pour I'execution des presentes ont les dits seigneur 
et dame de Tracy elu leur domicile irrevocable en cette ville de Paris, en la 
maison de Moufle, ci dessus, Notaire soussigne, 16 Rue St. Honore ; auquel 
lieu ils veulent eux-memes, promettent et s'obligent solidairement comme 
dessus. Fait et passe a Paris en la dite maison et Hotel de St. Esprit I'an 
1670 le 26e jour d'avril, apres raidi. Et ont signe, 

PROUVILLE DE TRACY 
LOUISE FOUILLEUSE 
DE LAFRESNAY 
LOUYAIN, Temoin. 

MOUFLE, notaire. 

Lettre autographe. 

Queylus, M. I'abbe — 

Attendu qu'il ne s'est fait aucun travail sur I'habitation autrefois con- 
cedee a defunt Galebrun, depuir, sa mort, la veuve et les enfants ne pouvant 
le faire et n'ont pas meme habite le peu d'abatis qu'il a fait : a ces causes, 
pour contribuer que lile soit defrichee conformement aux ordres du Roy et 
pour que les voisins ne re9oivent aucun prejudice du bois debout de cette 
dite habitation, nous avons juge a propos de la bailler a Jean Boutin dit 
Leveille, comme lui baillons par ce billet, a condition que le dit Leveille 
payera a la veuve et aux enfants ce que le Bauceron et Laurent Archam- 
bault estimeront la dite habitation que le dit Leveille a promis prendre aux 



REPORR OF THE ARCHIVIST \v 

SESSIONAL PAPER No. 18 

memes conditions que I'avait son predecesseur et payer tous cens qui est par 
la concession du dit Galebrun. Faite a Montreal le 28 Juin 1672. 

(Historical Society, Chicago.) (I'abbe) De QUEYLUS. 



1672. 



Talon, Jean — -Intendant, Ordonnance 14 sept. 1672. 

Jean Talon, conseiller du Roy en ses conseils d'Estat et prives, Inten- 
14 Sept * dant de la Justice, police et finances de la Nouvelle France, Isle de Terre 
Neuve, Acadie et autre pays de I'Araerique Septentrionale. 

Nous faisons a savoir que tous ceux qui pretendent quelque creance 
sur nous pour matieres ou denrees fournies dans les ateliers du Roy, tra- 
vaux faits pour Sa Majeste ou pour nous depuis notre retour en ce pais, ou 
pour quelqu'autre chose que se soit aient a le donner par declaration veri- 
table au greffe des Trois Rivneres, dans huit jours de la publication des 
presentes, avec copie des titres ou pieces justificatives afin que par nous il 
soit pourvu a leur paiement avant notre depart, ainsi que de raison ; a peine 
de dechoir de leurs pretentions le dit temps expire. Et a I'egard de ceux 
qui auront donne une fausse declaration, ou qui auront demande une chose 
deja payee, de cinq livres d'amende meme de plus grande et corporelle si le 
cas y echoit. En joint au Greffier du dit lieu, de recevoir les dites declara- 
tions et de nous les envoyer incessamment sous enveloppe et cachet. Et 
pour que la presente soit connue de tous, elle sera lue, publiee et affichee 
partout oil besoin est, a ce quaucun n'en ignore :— dont &:c., (fee. . . Le dit 
greffier nous certifiera au bas d'icelle. 

Fait a Quebec le 14 Septembre 1672. 

(Signe) 

TALON, 
par Monseigneur 
Historical Society, Chicago. VASNIER. 

Dablon, R. P. Claude, S. J. — Lettre autographe. 

Ratification d'une concession de terre fait au Sieur d'Ailleboust par le 
R. P. le-mercier. 
2^ A~ •']■ " J^ soussigne superieur des Missions de la compagnie de Jesus en la 

" Nouvelle France et Recteur du college de Quebec, de la meme compagnie, 
" approuve et agree la donation d'un terrain qui a ete faite par le R. P. 
" Lemercier a monsieur d"Ailleboust suivant le billet du dit Pere leMercier 
" du 20 May 1671. En foi de quoi, j'ai signe le present a Quebec le 25 
"avril 1673." 

(Signe) CLAUDE DABLON. 
(Historical Society, Chicago.) 

La Salle — Letters Patent 13th May 1675. 

Le Ro}' ayant fait examiner en son conseil les propositions faites par 
Robert Cavelier, Sieur de LaSalle, con tenant que s'il plaisait a sa Majeste 
lui accorder en pur don, et a ses hoirs, successeurs et ayant cause, le fort 
appelle de Frontenac situe en la Nouvelle France, avec quatre lieues de 
pays adjacent, les iles nommees GauSkeSenon et KaSenego et les ilets adja- 
cent s, avec le droit de chasse et de peche sur les dites terres et dans le lac 
appelle Ontario ou Frontenac et rivieres circonvoisines le tout en droit de 
fief et seigneurie et justice dont les appellations du juge, ressortiront par- 
devant le Lieutenant General de Quebec ; avec le gouvernement du dit 
Fort Frontenac et des lettres de noblesse, il ferait passer aux dits pays de 
la Nouvelle France plusieurs effets qu'il a en ce royaume, pour y elever et 
construire des habitations qui dans la suite du temps pourraient beaucoup 
contribuer a I'augmentation des colonies au dit pays. Et outre cette offre 
du dit de La Salle de rembourser la somme de dix mille livres a laquelle 



Ivi CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

monte la depense qui a ete faite pour construix-e le Fort Frontenac, d'entre- 
tenir le dit fort en bon etat et la garnison necessaire pour la defence d'icelui, 
laquelle ne peut etre moindre que celle du fort de Montreal ; d'entretenir 
vingt- homines pendant deux annees pour le defrichement des terres qui leur 
seront concedees et en attendant qu'il ait fait batir une eglise, d'entretenir 
un pretre ou religieux pour faire le service divin et administrer les sacre- 
ments, desquels entretiens et autres choses, le dit de La Salle fera seul les 
frais et depens jusqu'a ce qu'il se soit etabli au dessus du Long Sault, 
nomme TaranSoi, quelque particulier avec semblable concession, que celles 
qu'il demande. Auquel ceux qui auront obtenu les dites concessions seront 
tenus de contribuer aux dits entretiens, en projiortion des terres qui leur 
seront concedees. Et ouy le rapport du Sieur Colbert, conseiller ordinaire 
au Conseil Royal et conseiller general des finances, Sa Majeste en son con- 
seil a accepte et accepte les offres du dit Sieur de La Salle et en consequence 
Sa Majeste lui accorde la propriete du dit Fort appelle de Frontenac et 
quatre lieues de pays adjacent, a compter deux mille toises pour chacune 
lieues le long des lacs et rivieres au dessus et au dessous du dit Fort et 
d'une demie lieue ou mille toises au dedans des terres ; les iles nommees 
Gau8k8enon et les iles adjacentes, avec les droits de chasse et de peche sur 
le dit Lac Ontario et rivieres eii'convoisines, le tout en titre de fief et en 
toute seigneurie et justice, a condition de faire passer incessamment en 
Canada, tous les effets qu'il a en ce royaume, qui ne pourront etre moins 
que la somme de dix mille livres en argent ou effets, de rapporter certificat 
du Sieur comte de Frontenac, Lieutenant General pour Sa Majeste au dit 
pays et rembourser la somme de dix mille livres pour la depense faite pour 
la construction du dit Fort ; I'entretenir et le mettre en bon etat de de- 
fense ; payer et soldoyer la garnison necessaire pour la garde et defense 
d'icelui, laquelle ne peut etre moindre que celle du Fort de Montreal ; 
comme aussi d entretenir vingt hommes, pendant deux annees pour le defri- 
chement des terres qui lui seront concedees, lesquels ne pourront etre 
employes a autre usage pendant le dit terme: — de faire batir une eglise pen- 
dant les dix premieres annees de sa concession et en attendant d'y entre- 
tenir un pretre ou religieux pour administrer les sacrements ; comme aussi 
d'y faire venir des sauvages, leur donner les habitations et y former des 
villages ensemble des fran9ais, auxquels il donnera part des dites terres ou 
des friches, toutes lesquelles terres seront defrichees et mises a valeur, dans 
le temps et espace de vingt annees, a compter de la prochaine (1676). Le 
dit temps passe, Sa Majeste pourra disposer des terres qui n'auront point 
ete defrichees ou mises en valeur, 

Veut sa Majeste, que les appellation de justice qui seront etablies par 
le dit de la Salle dans I'etendue des dits pays concedes par Sa Majeste, res- 
sortent par devant le Lieutenant General de Quebec. Et a cette fin, veut 
Sa Majeste que toutes lettres de dons et concessions necessaires soient expe- 
diees au dit de La Salle, ensemble celles du dit Gouvernement du Fort 
Frontenac, et des lettres de noblesse pour lui et sa posterite. 

Fait au conseil du Roy tenu a Compiegne, le 13^ Jour de May 1675, 

(Historical Society, Chicago.) (Signe) COLBERT. 

LaSalle, Robert Cavelier Sieur de — 
Lettre patentes de noblesse. 

Louis, par la grace de Dieu, Roy de France et de Navarre, a tous, pre- 
sente et a venir, Salut : "^^i^X- ^?^^'|'JJ 

Notre cher et bien aime Robert Cavelier Sieur de La Salle, nous a tres 
humbleinent fait remontrer qu'il s'est habitue depuis quelques annees dans 
le pays de la Nouvelle France, ou il a fait passer une partie des effets qu'il 
avait en ce royaume et comme I'exposant pouvait augmenter son etablisse- 



REPORT OF THE ARCHIVIST Ivii 

SESSIONAL PAPER No. 18 

ment en concedant des habitations dans le pays de la Nouvelle France, il 
nous a represente qu'il s'y porterait volontiers s'il nous plaisait lui accorder 
des terres en titre de fief et de seigneurie et quelques autres avantages pour 
rindemniscr des depenses qu'il sera oblige de faire pour le defrichement des 
terres. A ces causes, desirant et voulant contribuer de tout notre pouvoir a 
I'augmentation des colonies qui se sont etablies en notre dit pays de la 
Nouvelle France, et traiter favorablement le dit Cavalier, nous lui avons 
fait et faisons don par ces presentes signees de notre main, des proprietes 
fonds et superficies du fort appelle de Frontenac, bati sur le lac Ontario ou 
de Frontenac situe dans notre pays de la Nouvelle France, avec quatre 
lieues de pays, chacune lieue composee de deux milles toises, le long des lac 
et riviere, audessus et audessous du dit fort, et d'une demi lieue en dedans 
des terres, ensemble le? iles Gau8k8enon et Ka8enego et islets adjacents 
avec le droit de chasse et de peche. 

Voulons et nous plait, que le dit Cavalier, ses hoirs, successeurs ou 
ayants cause jouissent en titre de fief, de tout droit et hommage ; que le dit 
Cavalier, ses hoirs, successeurs ou ayants cause seront tenus de nous rendre 
a chaque mutation, comme de tout relevant de nous et de notre couronne 
et de payer les droits et redevances accoutumes suivant la coutume de la 
Prevoste et vicomte de Paris et que les appellations au siege de la Seigneu- 
rie qui sera etablie au dit Fort de Frontenac, ressortiront pardevant le Lieu- 
tenant General a Quebec. 

Voulons aussi que le dit Cavalier soit et demeure pour nous, Gouver- 
neur du dit Fort de Frontenac sous les ordres de Notre Lieutenant General 
au dit pays de la Nouvelle France, et pour effet, que ces presentes lui servi- 
ront de toutes provisions a ce necessaire. Et pour faire conriaitre combien 
nous est agreable I'augmentation des colonies des dits pays, nous, en consi- 
derations des soins et depenses que le dit Cavalier a fait et fera ci apres, 
avons ici lui enobli et enoblissons, voulons a cette fin que toutes lettres de 
noblesse lui soient expediees ; permettons neanmoins a tous les habitants 
des dits pays et autres qui s'y etabliront ci-apres de traiter avec les sauvages, 
en la maniere accoutumee, suivant les rfeglements de police et arrets de notre 
conseil de Quebec. Sans que sous pretexte de la presente concession I'expo- 
sant puisse les en empecher en quelque sorte et maniere que ce soit. Laquelle 
concession nous avons Accordee au dit Cavalier, aux charges, clauses et 
conditions portees par I'arret de notre Conseil. 

Donne, nous y etant, en date de ce jourd'hui attache sous le contra 
seel de notre chancellerie. 

Si, donnons en mandement a nos amis et feaux les gens tenant notre 
Conseil Souverain a Quebec et autres nos justiciers et officiers a qui il 
appartiendra, que ces presentes de dons et concessions les aient a faire lire 
et enregistrer, et du contenu en icelles faire jouir et user le dit Cavelier, ses 
hoirs, successeurs ou ayants cause, pleinement, paisiblement et perpetuelle- 
ment, cessarit et faisant cesser tout trouble et empechement qui pourront 
leur etre mis ou donnes au contraire : — car tel est notre plaisir, Et afin que 
le soit chose ferme et stable a toujours, nous avons fait mettre notre seel a 
les dites presentes. 

Donne a Compiegne le treizieme jourde May, Fan de grace 1675, et de 
notre regne le trente troisieme. 
Par le Roy (Signe) LOUIS. 

Colbert. 
(Historical Society, Chicago.) 

Frontenac, Ls. de Buade, Comte de. — 
1680. Contrat de mariage ou il a paru comme temoin. 

1^ ^^^''- " Par devant Pierre Duquet, Notaire Royal : furent present Jean 

" Marselot, Sieur de Bellechasse, fils de defunt Sieur Richard Marsolet, 



Iviii CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

" Sieur de St. Agnan et de Dame Veuve Marie le Barbier de la paroisse de 
" Notre Dame de Quebec, d'une part et noble homme Guillaume Couture, 
" capitaine de la milice et des habitants de la Seigneurie de Lauzon et dame 
" Esmant (?) sa femme pour demoiselle Marguerite Couture leur fille d'autre 
" part, &c., &c." * * * * 

(Signe) 

Jean Marsolet G. Couture 

Frontenac Duchesneau, Intendant 

Juchereau de la Ferte Charles Couture 

d'Amours Jean Coste 

Mignion Louise Marsolet 

Jean Lamire Genevieve Marsolet 

Pierre Moreau (D. Lauzon) 

L. M. LAUZON, 
Fait a Quebec le 19 fevrier 1680. Greffier. 

Historical Society, Chicago. 

Becancourt, M. de. — Obligation en faveur de MM. d'Argenteuil et 
Coulonges. 
12 S Extrait :— 

" Le temps de Bourguignon etant fini et trouvant a gagner douze robes 
" pour descendre pour d'autres, ce qui causerait bien du retardement a MM. 
" d'Argenson et Coulonges, leurs pelleteries demeurant ici haut, Je me 
" suis engage qu'ils trouveront bon que le dit Bourguignon prenne qua- 
" pante castors. Et en cas qu'ils ne le voulussent pas, je m'oblige a les lui 
" fournir. Fait au Sault Ste. Marie 12 Aout 1682." 

(Signe) De BECANCOURT. 

Historical Society, Chicago. 

1683. La Salle, Robert Cavalier, Ecr, Sieur de. 
26 Avnl. Concession de terres faite au Sieur Jacques Bourdon. 

Robert Cavalier, Ecuier, Sieur de la Salle, seigneur et Gouverneur du 
Fort Frontenac en la Nouvelle France et du Fort St. Louis dans la Loui- 
siane. ***** 

Avons donne et concede, donnons et concedons a Jacques Bourdon, 
Sieur d'Autray, seigneur d'Autray, en la Nouvelle France, en reconnais- 
sance des services qu'il a rendus tant dans la construction du Fort St. 
Louis, ou il a bien servi et s'est acquitte de son devoir avec honneur : — 
cent vingt six arpents de long a commencer au ruisseau au bord du quel 
nous avons hiverne en remontant le long de la riviere des Illinois, du cote 
du sud avec File qui est au millieu de la dite Riviere des Illinois au dessus 
du premier ecart du grand Rocher, que la riviere baigne du cote du Nord, 
environ une lieue au dessus du dit ruisseau, sur quarante deux arpents de 
profondeur allant du nord ouest et sud est, le tout a titre de fief et sei- 
gneurie avec droit de chasse et de peche sur Fetendue de la dite terre et 
dans la riviere des Flllinois devant la dite concession, sans pouvoir neanmoins 
travei'ser la dite riviere ou y faire aucune peche a demeure qui peut incom- 
moder la navigation ; mais seulement y tendre des lignes, filets et seines et 
sans pouvoir empecher nous et nos successeurs non plus que ceux qui s'eta- 
bliront vis-a-vis de lui de faire semblable peche ou chasse et a nous tel que 
bon nous semblera, a la charge de foi et hommage qui y sei'ont rendus par 
le dit Jacques Bourdon, sieur d'Autray, ses successeurs et ayant cause en 
- notre Fort St Louis a Rochefort, conime les dites terres en relevent, et de 
payer par chaque an, le jour et fete de St. Louis, la somme d'un denier de 
cens par chaque arpent et cinq sols de rente seigneuriale pour toute la dite 
terre et les droits de quint et requint a chaque mutation & autres quand le 
cas y echerra, selon la coutume des fiefs en la vicomte et prevoste de Paris, 



REPORT OF THE ARCHIVIST Ixi 



SESSIONAL PAPER No. 18 



qui sera suivi dans ce pays, comme aussi, seront tenus les habitants et autres 
a qui le dit Sieui- d'Autray, ses successeurs et ayants cause donneront ci- 
apres partie des terres a lui par nous concedes presentement, a titre de 
cans et rente seigneuriales : cens, lods ifc ventes et autres droits quels qu'ils 
en soient, que le dit Sieur d'Autray, ses heirs et ayants cause exigeront 
d'eux a raison des dites terres, et seront au guet et garde de guerre au dit 
Fort St. Louis, comme les habitants qui en relevent immediatement que s'il 
se fait une eglise a I'avenir sur I'etendue des dites terres pour etre la paroisse 
des habitants qui y demeureront, le patronage nous en demeurera : — pour 
le dit Sieur d'Autray ses hoirs ou ayants cause, faire batir un moulin sur la 
dite terre pour son usage et (celui) de ses habitants seulement, lesquels pour- 
ront aussi nioudre au notre quand il y en aura de bati. Donnons au dit 
Sieur d'Autray et ses successeuis etc., les droits de colombier, de pressoir, 
de maison forte, de basse justice ; de conserver trois cents arpents en bois 
de haute futaie au lieu qu'il nous indiquera dans I'annee, auquel Ion ne 
pourra toucher sans son consentement, sauf le droit a nous et a nos succes- 
seurs ou ayants cause, de prendre le bois dont nous aurions besoin pour batir 
es logis et autres batiments du dit Fort St. Louis seulement et non pour autre 
usage. Pourrons aussi prendre la pierre, arddise et terre pour faire brique, 
tuiles, (i'c, dont nous aurions besoin et qui se trouveront dans les dites 
terres, pourvu qu'il ne soit point necessaire pour les tirer de lerre, de gater 
celles qui en seront ensemences ou plantees de fruitiers ou de haute futaie, 
ou les prendre dans I'enclos de ses batiments, ce qu"il ne sera oblige de 
souffrir. 

Toutes les causes mues (?) en I'etendue des dites terres se plaideront 
devant le juge de la Seigneurie du Fort St. Louis. 

Sera tenu souffrir les chemins et chantiers juges necessaires par nous 
et nos successeurs, pour la commodite publique, de meme des egouts et 
deviations des eaux : — et que les bestiaux de nous et de nos successeurs 
aillent partie dans I'etendue des dites, terres, tandis quelles ne seront point 
ensemencees a la reserve de celles que lui et les habitants reserveront pour 
faire faucher et celles qui seront plantees ou environnees de clotures : de 
plus, nonobstant le privilege que Sa Majeste nous a donne pour le commerce 
des peaux de bceufs sauvages, ou autres que nous pourrions pretendre, a 
raison des frais et depenses que nous avons faits pour la dite decouverte et 
jusqu'a la construction du dit fort St. Louis, nous consentons pour nous et 
nos successeurs que le dit Sieur d'Autray puisse commercer avec tous les 
sauvages qui seront etablis dans les terres dependantes du dit fort, a la 
charge de leur fournir les denrees dont ils auront besoin, pour cela, au ma- 
gasin de la compagnie des Illinois, et d"y apporter toutes les pelleteries de 
quelque sorte qu'elles puissent etre qui lui seront payees en denrees ou en 
argent, au prix qu'on conviendra, tous les deux ans, jusqu'a ce qu'il viennes 
des navires de la dite compagnie par le fleuve Colbert, auquel temps ils 
pourront aller porter leurs (denrees) I chasses, au magasin qui sera etabli au 
bas du dit fleuve, et y acheter ce qu'ils auront besoin et non ailleurs, a peine 
de dechoir de la presente concession : a la charge, neanmoins que dans vingt 
ans la present obligation de se fournir au dit magasin sera finie. De plus, 
nous avons concede et concedons au dit Sieur d'Autray ses hoirs ou ayants 
cause, la quantite de vingts pieds de terre carres dans le dit Fort St. Louis 
pour y batir une maison, a la chai'ge de I'achever au plus tot, d"y tenir feu 
et lieu et de nous payer pour icelle un sol de rente seigneuriale par chaque 
an et un dernier de cens ; et que lorsqu'on batira le bourg ailleurs, nous et 
nos successeurs pourront reprendre la dite terre et maison batie dessus en 
rendant au dit Sieur d'Autray et a ses quatre associes, savoir : — Nicolas 
Doyon, Pierre Prudhomme, Andre Heno et Jean Filiatrault, une pareille 
quantite de teri'e et une maison dessus, en letat que sera celle qu'ils ont 
presentement batie dans le dit Fort, dans la place ou sera batie le dit bourg, 



Ix CAN A DIA N AR CHI VES 

5-6 EDWARD VII., A. 1906 

aux raemes charges que cells qui leur est presentement accordee, toutes les- 
quelles terres et maisons demeurant au dit Sieur d'Autray, ses successeurs, 
ou ayants cause en pleine propriete et paisible jouissance sans pouvoir nean- 
moins les aliener en quelque facjon que ce puisse etre, ni meme les louer 
avant le terme de cinq annees, si ce n'est a d'autres qui relevent de notre 
dit Fort. En cas qu'ils la quittent, alienent ou louent a d'autres sans notre 
consentement par ecrit, ils seron dechus de la presente concession et ne 
pourront rien pretendre a raison des travaux qu'ils y pourraient avoir faits. 
-De plus, ne pourront a jamais, lui, ses associes ou ayants cause, vendre, 
louer, donner, ceder, transporter, ni engager, a quelque titres que ce puissent 
etre a gens de mainmorte, la dite maison ou les dites terres au partie d'icel- 
les, a peine d'y rentrer de plein droit, par nous ou nos ayants cause sans 
rembourser aucun prix. 

De quoi, tout ce que dessus, sommes convenus savoir : — nos dit Sieur 
de LaSalle et ie dit Sieur d'Autray, en presence des temoins soussignes. 
De plus, convient le dit Sieur d'Autray qu'en cas qu'il quitte la dite suc- 
cession avant trois annees prochaines expirees, elle nous reviendra de plein 
droit sans que nous soyons tenus de payer les travaux qu'il aura faits des- 
sus, la jouissance des fruits qu'il y aura recuellis passant pour les travaux, 
vue la grande facilite qu'il y a a cultiver les campagnes. De plus, sera tenu 
le dit Sieur d'Autray a faire le commerce avec les sauvages au dit Fort ou 
au lieu ou sera batie a I'avenir I'habitation ; qui sera regie sans pouvoir 
donner a I'envie (ennui) ? des autres a meilleur marche, ni appeller les sau- 
vages chez lui, ni aller au devant de ceux qui seront habitues pres du dit 
Fort. 

Car ainsi sommes convenus au dit Fort St. Louis les jour et an que 
dessus, comme aussi que les mines, minieres et mineraies qui s'y pourraient 
se trouver sur les dites terres, le dit Sieur d'Autray ses hoirs ou ayants 
cause ne pourront rien pretendre a notre prejudice et que nous y aurons le 
meme droit qui si elles avaient ete trouvees sur nos terres ou que si celles 
que je lui ai presentement concedees ne lui appartenaient point. 
1683. Avons ajoute cette clause au dit lieu, le \'ingt sixieme Avril mil six 

26 Avril. cent quatre vingt trois. 

(Signe) 
(Historical Society, Chicago). DE LaSALLE. 

La Salle, Robert Cavelier, Sr. de. 

Lettre autographe datee de Chicagou le 1" Sept. 1683, lorsqu'il etait 
sur le point de laisser le pays des Illinois pour la derni^re fois pour rejoin- 
dre ses compagnons au fort St. Louis. 

A Chicagou le P' Sept. 1683, 

Messieurs, — Je vous aurais ecrit a tous separement si j'avais eu le 
papier pour le faire, afin de vous remercier de la fermete que vous montrez 
en ce rencontre. Vous me connaissez assez pour vous persuader que j'en 
serai reconnaissant. Je vous promets qu'apres que j'aurai dissipe comme 
je I'espere, le petit orage, vous en recevrez des marques effectives. Je vous 
donnei-ai pendant deux ans les marchandises a la moitie du prix que je les 
ai promises, et vous ferai tous les avantages que je pourrai pour cette annee. 
Je m'en tiendrai a ce que je vous avals promis, etant oblige de les acheter 
bien cher, mais les marchandises vous n'en manquerez certainement pas. 

RoUand m'attend a Michillimakinac, avec une bonne cargaison, J'y 
emraene La Fontaine, Laviolette, le Sieur d'Autray et les deux Chaouenons, 
que je renverrai de la pour vous en apporter. Je mettrai pour cela le tout 
pour le tout et quand je devrai acheter un conge (?) je vous en enverrai le 
printemps. En attendant mon de retour de France d'oii vous devez vous pro- 
mettre notre parfait etablissement. Que rien ne vous etonne et ne vous 
pressez point d'acheter. Vous avez travaille sous les ordres du Roy, vous 



REPORT OF THE ARCHIVIST Ixi 

SESSIONAL PAPER No. 18 

vous etes etablis de bonne foi sans avoir contrevenu en rien a ses volontes. 
Cast le plus grand et le plus juste Prince du monde, de qui vous avez lieu 
d'attendre que les recompenses dues au courage que vous avez fait paraitre 
dans la decouverte et Fetablissement de ce poste. II aura egard a I'obeis- 
sance que vous avez rendu a ses ordres dans le temps que tout le Canada 
lui desobeissait, et quand je lui aurai rendu compte des raisons que j'aieues 
de m'etablir oil je suis, il verra bien que je nai pu, en cela, fairs tort au 
Canada puisque tous les sauvages I'avaient abandonne longtemps avant et 
que ceux qui y demeurerent n"y ont jamais ete en traite. Travaillez done 
surement puisque le gain de votre cause et de la mienne depend de votre 
etablissement. Soyez tous de grand cceur et sil reste quelque chose a faire 
au fort, travaillez y comme a une chose (necessaire a) vos veritables interets. 
Je sais de bonne part que toutes (ces contrarietes) s'en iront en fumee : 
meme quand tout reussirait ici a mes ennemis, ce que je ne crois pas. Je 
reviendrai par mer ce printemps et des Tautomue vous aurez des marchan- 
dises et vos besoins, et peut-etre de quoi boire a ma sante. Ayant appris 
que Rolland ma garde un baril d'eau de vie vous devez juger par ce que je 
ferai cet automne de ce qui arrivera du printemps. Ainsi travaillez a de 
grands desseins d'ou dependra votre surete, (ils) vous serviront de garants. 
J'apprends que les corbeaux ou les etourneaux n'ont fait aucun dommage 
aux bleds des Pepikakias qui ont seme dans les campagnes, cela justifie bien 

la pensee que j "avals, qui y a passe me I'a dit. Vivez, je vous 

prie, en union ensemble et ayez pour Mons. Tonty la reconnaissance que 
merite la generosite avec laquelle il pi'end mes interets et les v6tres. J'es- 
pere qu'il ne me sera pas necessaire deffectuer les offres qu'il vous fait, mais 
vous en avez toute I'obligation aussi bien que moi. Vous reussirez, si vous 
etes bien unis et si vous suivez ses conseils et ses ordres. Vous voyez si 
j'avais raison de presser I'achevement du Fort. Tous vos travaux seraient 
perdus si Fetablissement n etait pas fait et je prevoyais bien ce qui est 

arrive quand il nous a II reste encore une chose qui nous 

est de grande consequence, a quoi je vous prie de v'ous appliquer ; c'est 
d'amasser le plus de peaux de bceufs que vous pourrez. M. Boisrondit, les 
prendra pour deux castors les grandes et les petites pour un. Tuez-en et 
en faites tuer par les sauvages. Quelque droit que vous ayez, parlez tou- 
jours avec grand respect de Monsieur le Gouverneur, et soyez fort ponctuel 
a obeir a ses ordres, quand meme il vous commanderait de descendre ; 
quittez tout pour vous y rendre labas mais auparavant faites un memoire 
de I'etat ou vous laisserez les choses et le presenter a signer a celui qui vous 
apporterait ses ordres, puis a M. de Tonty et a tous vos confreres. 11 ne 
faut pas faire un memoire pour tous en commun parce que cela sent la 
cabale, mais un pour chacun en particulier et ne les presentez pas tous 
ensemble, mais I'un apres I'autre. Enfin ne faites rien qui ressente le complot 
et la faction. Vous gagnerez en obeissant et vous perdrez en murmurant. 

Je vous recommande aussi le respect pour M. le Chevalier de Baugy, 
et pour moi, la continuations de votre amitie, comme je n'oublierai jamais 
vos bons services, ni I'aifection avec laquelle, 
Je suis, Messieurs, 

Votre tres humble et tres afFectueux serviteur, 
(Signe) 
Adresse : a Messieurs DE LaSALLE. 

et a tous les autres habitants 

du Fort St. Louis dans la Louisiane. 
(Historical Society, Chicago). 

Repentigny & La Valtrie, M"*"" de — Supplique — 

A Monsieur Gervaise exercant la justice du Bailliage de File de Mont- 
real vue Fabsence de M. le Baillif. 



Ixii CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

Supplient hurablement les demoiselles de Repentigny et de La"Valtrie 
et vous remontrent. 
, Que : — sous le scelle que vous avez appose sur les biens et effets de la 

succession de la demoiselle de Belestre, il s'est trouve que les suppliantes y 
ont un paquet de menues marchandises enveloppe d'une toile et marque 
L. v., a elles appartenarit qu'elles desire raient avoir pour le besoin qu'elles 
en ont, et que la saison presse a partir de ce lieu pour s'en aller chez elles, 
ce qu'elles ne peuvent, sans avoir regu une lettre de permission. 

Ce considere, Monsieur, il vous plaise attendu ce que dessus, ordonner 
que les suppliantes auront distraction du dit paquet sans aucun frais, et 
vous ferez justice. 

(Signe) MARGUERITE NICOLET. 
Fait a Montreal le 21 Oct. 1684. L0UI8E BISSOT. 
Accorde comme dessus. 

JEHAN GERVAISE. 
(Historical Society, Chicago). 



15 Oct. 



Tonty, Henri, Sieur de — 
1684, Contrat entre le !?ieur Henri de Tonty gouverneur du Fort St. Louis, 

Louisiane, avec Jean Bte Nolan fils de Pierre Nolan, commissaire d'artil- 
lerie en ce pays et Maurice Blondeau fils de Fran9ois Blondeau habitant 
vers Quebec, pour faire la traite en compagnie du dit Sieur de Tonty dans 
les pays de la Louisiane. 

Fait a Montreal le 15 Oct. 1684. En presence de Simon Guillory, 
bourgeois et Pierre Corneiller, practicien. 

(Signe) HENRI DE TONTY. 
P. CORNEILLER. 
J. B. NOLAN. 
(Historical Society, Chicago). MAURICE BLONDEAU. 

1684. Tonty, ^enri, Sieur de — Agreement signed by Henri de Tonty w ho 

lo Oct. describes himself as governor for the King at Fort St. Louis, under the 

authority of Robert Cavelier Sieur de LaSalle. It relates to traffic with 
the Indians in that part of Louisiana known as the country of the Illinois. 
Executed at Montreal, Oct. 15th. 1684. 
(Historical Society, Chicago). 

Tonty, Henri, Sieur de. — Concession of land to Jacques Cardinal. 

Henry de Tonty, ecuier. Seigneur de File de Tonty et de la Riviere des 
Akansas (?) dans la Louisiane, Capitaine d'une compagnie de detachement 
de la marine, Gouverneur du Fort St Louis, Le Sieur de La Salle Lieute- 
nant General et Gouverneur pour le Roy, de la Louisiane, nous ayant 
accorde la Riviere des Akansas dite Tonty, en seigneurie, nous avons 
accorde a Jacques Cardinal, une terre en * * * aux memes conditions 
que les habitants qui sont presents au Fort St. Louis. 

Permettons au dit Cardinal de mettre au gref ce billet. Conditions. 

Terre de 4 arpents de front et de profondeur. 

Permission de faire la traite. 

Droit de chasse et de peche accorde. 

Pour les droits du seigneur, il fera dire une messe a la chapelle chaque 
annee, pour la conservation du lieu, le 14 Juillet, Jour de la St. Henry, et 
ensuite viendra au lieu seigneurial rendre foi et hommagei 

(Signe) 

(1685 (?) TONTY. 

(Historical Society, Chicago). 



Oct. 17 



REPORT OF THE ARCHIVIST Ixi" 

SESSIONAL PAPER No. 18 

1686. D'Allonne, Mile Madeleine Roy bon.— Letter written her at Fort Fron- 

2 Nov. ^gj^ac, by Joseph Michaud asking her permission to sell some property he 

has there. It also gives news of LaSalle. Dated liachine, 2 Nov. 1686. 
^ **■)(• * * -it- 

Extract : — " Je vous dirai que j'ai re(,-u des nouvelles certaines de M. 
" de La Salle qui viennent de France et qui sont apportees par les Espa- 
" gnols. II a fait un fort de le nouveau Mithsy (Mitsy ?) avec le * * * 
" des sauvages qui habitent ces cartiers, ainsi nous esperons, Dieu aidant, le 
" voir en peu de temps triomphant dans ses entreprises." 

jSTote.— Mile de Roybon d'Allonne, daughter of .Jacques de Roybon 
d' Allonne, settled at Fort Frontenac when he first established himself there. 
Later her property was erected into a "fief". During a raid by the 
Iroquois everything was destroyed and she herself made prisoner. She was 
three years younger than La Salle and was hardly twenty-five when, though 
of a distinguished family and having means of her own, she elected to settle 
at Fort Frontenac. Does this cover a Romance ? 
(Chicago Historical Society). 

D'Allonne, Mile Madeleine de Roybon. — Letter to Intendant Raudot, 
claiming compensation from the Company. 17th Oct. 1707. 
^'5*' ■ A Monseigneur llntendant. 

Supplie humblement Demoiselle Madeleine de Roybon d'Allonne et 
vous remontre qu'ayant fait plusieurs depenses considerables et employe 
tous ses soins a I'etablissement premier du Fort Frontenac, M. de La Salle 
pour lors seigneur et gouverneur du dit lieu, en consideration de ses peines 
et du grand '^tablissement qu'elle avait fait lui accorda une terre de deux 
lieues *de front sur une de profondeur, en fief et seigneurie a prendre de la 
riviere de Tioneguinon vers I'anse au Baril, sur laquelle seigneurie elle a 
fait des travaux considerables aus«i bien que sur quatre habitations qu'elle 
a acquises pres du Fort qu'elle n'aurait point abandonnees sans la guerre des 
Iroquois, qui firent quitter les habitants de ces lieux la par leurs f requentes 
incursions dans ces memes quartiers et emmenerent la dite suppliante pri- 
sonniere, apres avoir brule sa maison entierement, ses bleds, bestiaux et 
marchandises. 

La compagnie ayant change, et les fermes de ce pais ayant ete donnees 
aux bourgeois et habitants d'iceluy, se sont empare des biens appartenant 
a la succession du dit feu Sieur de la Salle, quoique Sa Majeste ne leur en 
avait accorde la possession qu'a condition qu'ils paieraient ses dettes, ce 
qu'ils n'ont pas fait ; En sorte que la dite demoiselle n'a point ete satisfaite 
d'environt deux mille livres, dontelle avait produit I'obligation suivant I'in- 
tention de la cour et I'ordre de M. de Callieres pour lors gouverneur General. 
Depuis la paix faite, apres avoir demande de monter au Fort de Frontenac, 
elle s'etait mise en chemin, dans la vue de continuer son etablissement, ce 
dont elle fut detournee et arretee, luy ayant saisi les efiets qu'elle portait 
avec elle, ce qui fut fait par Messieurs de la Compagnie qui se servirent de 
I'autorite de Monsieur le Gouverneur. Dans la crainte et juste apprehen- 
sion oil elle est et par I'opposion presente, elle a recours a vous. 

Ainsi ce considere, Monseigneur, ni les titres cy-joints concernant la 
terre en question, il vous plaise ordonner que les dits sieurs Directeurs com- 
paraissent par devant vous pour dire les raisons qu'ils ont de s'opposer a son 
etablissement au dit lieu de Tioneguinon et soient condamnes de remettre 
tout ce qu'ils ont fait saisir et se voir faire defence de I'empecher et la 
troubler en icelui et vous ferez justice. 

(Sigiie) MADELEINE ROYBON D'ALLONE. 



1C88. 
Oct. 16. 



Ixi V CA NA DIA X A RCHl VES 

5-6 EDWARD VII., A. 1906 

The following is almost illegible but the sense of it is that the Directors 
of the Company shall be summoned to appear before the Intendant the 
following day. 

19th Oct. 1707. 

(Signed) 
(Historical Society, Chicago). RAUDOT 

Boucher, Pierre, Sieur de Grosbois. — Declaration from him and his wife 
exonerating from all blame sieur le Verrier for the accidental death of their 
son. 

Nous, Pierre Boucher, ecuier, Sieur de Grosbois et Seigneur de Bou- 
cherville, et Jeanne Crevier, mon epouse, certifions a tous qu'il appartiendra 
que si nous n'avons fait aucune poursuite ni plainte a I'encontre du Sieur Le 
Verrier, capitaine d'un detachement de la marine de la mort de Monti- 
zambert I'un de nos enfants qui a ete tue par le dit Sieur Le Verrier, 
etant a la chasse, par un accident imprevu, c'est que nous sommes par- 
faitement instruit de son innocence en cette rencontre ayant toujours eu 
beaucoup d'amitie et consideration pour notre famille et particulierement 
pour le dit defunct, qu'il aimait tendrement. C'est pourquoi a notre egard 
nous dechargeons le dit Sieur Le Verrier de la dite mort. 

En foi de quoi, nous avons signe. Fait a Boucherville, ce 16 Octobre 
1688. 

(Signe) BOUCHER 
(Historical Society, Chicago.) JEANNE CREVIER. 

1689, Tronson, M. I'abbe — Autogi'aph letter addressed to M. de Blainville, 

1 Juin. Captain, Montreal. 

Monsieur,- — Les bons temoignages que l"on me rend de vous, aussi bien 
que la consideration de Monsieur Remy, me fei'ont embrasser avec joie les 
occasions qui se presenteront pour vous servir. Si la pension que vous 
demandez etait une grace qui depend it autant de moi que celle de raettre 
en fief ia terre que vous avez acquise, vous seriez bientot satisfait, car je 
mande a M. d'OIlier que nonobstant la resolution que nous avons prise de 
ne plus accorder de fiefs je consens et sui? bien aise qu'il fasse, en votre 
faveur ce que nous ne ferions pas pour un autre. Vous jugerez par la, com- 
bien je suis dispose a vous faire paraitre dans les choses ou je pourrai vous 
rendre de bons offices, que je suis sincerement Monsieur, 

Votre tres humble et tres obeissant serviteur, 

1 Juin 1689. ' L. TRONSON. 

A M. de Blainville. 
(Historical Society, Chicago.) 

Frontenac, Louis de Buade, Comte de — Permit to Macons to return to 
Michilimakinac. 

Louis de Buade, Comte de Frontenac, Gouverneur et Lieutenant Ge- 
neral pour le Roy en toute la France Septentrionale. 

Nous permettons a Macons qui est venu accompagner les Outaouais 
(8ta8ouas) descen lus de Michilimakinac de retourner au dit lieu avec un 
homme pour iuy apporter les choses necessaires pour son hyvernement, et 
pour en rapporter les pelleteries, qu'il a au dit lieu. Fait a Quebec, le 26 
Juillet 1691. 

(Signe) 

FRONTENAC. 
Vu le 25 Juillet 1691. CHAMPIGNY. 

Par Monseigneur 

De Monseignac. 



1691, 
26 Juillet. 



REPORT OF THE ARCHIVIST 



Ixv 



1691, 
27 AoAt. 



SESSIONAL PAPER No. 18 

Frontenac, Louis de Buade, Comte de, ic, &c. 
1691, Nous permettons au Sieur de la Durantaye Capitaine reforme et de 

23 Juillet. Couages, Marchand a Montreal d'envoyer avec les sauvages Outaouais qui 
remontent avec Macons, deux homnies, pour aller chercher a Michili- 

makinac les pelleteries qu'ils y ont de la compagnie de Campielon et 

interesses ; a la charge qu'ils descendent cette annee avec les fran- 

9ais qui doivent revenir et qu'ils ne porteront que leurs vivres et quatre 
pots d'eau de vie chacun. 

Fait a Quebec, le 23 juillet 1691. 

(Signe) FRONTENAC. 

Vu le 23 juillet 1691. 

Champigny. 
Par Monseigneur 

De Monseignac. 
(Historical Society, Chicago.) 

De la Durantaye, Sieur — Agreement between him and Jean Fafard 
dit Macons. 

Furent presents les sieurs Charles de Couagne marchand bourgeois de 
ce lieu et Jean Fafard dit Macon, lesquels ont dit et declare, le dit sieur 
de Couagne faisant tant pour le dit sieur de la Durantaye que pour lui ; et 
le dit sieur Macons en son particulier suivant les permissions de I'autre 

part qu'ils seront de societe pour les dites permissions jusqu'a 

Michilimakinac, Jcc. * * * * * 

(Signe) CHARLES DE COUAGNE, 

J. FAFART, P. GADBOIS, ROBERT JANOT, DORVAL, MAQUET. 

Fait a Montreal le 27 Aout 1691. 
(Historical Society, Chicago.) 

Perrot, Nicolas — Procuration en faveur de ses trois fils. 

" Je donne pouvoir a mes trois fils, Fran9ois Nicolas et Michel Perrot 
" de monter aux Outaouais sur la permission qu'il a plu a mes seigneurs le 
" comte de Frontenac et I'lntendant me donner pour aller retirer des Mias- 
" mis, Mascoutins et Sauteurs ce qu'ils pourront des pillages et avances 
" qu'ils doivent ; et ils joindront a eux trois, Louis Cavelier, auquel ils ser- 
" viront, s'il n'est avec d'autres. Auquel je donne, suivant le meme pou- 
" voir de Messeigneurs, sa place gratuitement. Et ils retireront du Pari- 
" sien le reste qu'il me doit et me le porteront avec le reste. Fait a la 
"Riviere St. Michel. Ce 17 Fevrier 1697." 

(Signe) N. PERROT. 
(Historical Society, Chicago.) 

I^rontenac, Louis de Buade, Comte de, &c, &c. 
Trading permit in favor of Laforest and Tonty. 

Louis de Buade, Comte de Frontenac, Gouverneur et Lieutenant Ge- 
neral pour le Roy en toute la France Septentrionale. 
1698. Nous permettons a Sieur de la Forest, capitaine reforme des troupes 

Sept. 22. (i,j detachement de la Marine en ce pays et proprietaire du Fort St. Louis 

des Illinois, conjointement avec le Sieur de Tonty, Laisne de faire partir 
incessamment de Montreal un canot conduit par trois hommes dont il nous 
a donne les noms ; qu'il nous a certifie veritables, pour aller au Fort St. 
Louis des Illinois y porter les hardes, munitions et autres choses necessaires 
pour I'entretien et subsistance du Sieur de Tonty qui y commande que 
de ses gens. Faisons tres expresse inhibition et defense aux trois hommes 
de faire aucune traite de castors sous quelque pretexte que ce puisse etre 
soit en chemin ou aux lieux des Ilinois conformement aux ordres de Sa Ma- 
jeste sous les peines portees pour iceux. Et aux Sieurs de la Forest et de 



1697, 
17 Fev. 



18— E* 



Ix vi CA XA DIA X A RCHI VEti 

5-6 EDWARD VII., A. 1906 

Tonty d'en repondre en leur propre et prive nom. Fait a Quebec, le 22 
8ept 1698. (^igne) FRONTENAC. 

Vu par nous Intendant du Canada, 

1698. ^ le 23 Septembre 1698. (Signe) BOCHART CHAMPION Y. 

«ept. 23. pg^j, Monseigneur 

DE MONSEIGNAC. 

(Historical Society, Chicago.) 

Vaudreuil, M, de — Requete autographe au Sieur Paul Dupuy Lt. Par- 

ticulier de la Prevoste de Quebec, demandant que Ton convoque une assem- 

blee de parents afin de nommer un tuteur aux enfants mineurs du dit !Sr. 

de Vaudreuil, parmi lesquels se trouvent celui qui devait etre le dernier 

1C99. gouverneur francais du Canada. 

Cette requete est signee ''de Vaudreuil " et contresigne Dupuy. Re- 
quete accordee. 
(Historical Society, Chicago.) 

1700. _ Laval, Francois de Montmorency — Lettre autographe. 

Slevner. Nous Francois de Laval, ancien eveque de Quebec en qualite de Sei- 

gneur usufruitier de File Jesus, donnons par le present acte, pouvoir a 
Pierre Drouillard dit La Giroflee, qui est a present en la dite ile en la qua- 
lite d'ecrivain de donner de I'avis de Michel Buisson dit St. Come, econome 
du dit lieu, des habitations dans la dite lie Jesus, a ceux que lui et le dit 
St. Come jugeront a propos, et d'en faire passer les contrats suivant les 
modeles que lui en donnera M. Buisson, ptre, notre procureur. 
Fait a Quebec ce 3 Fevrier 1700. 

(Signe) FRANCOIS, Anc. Eveque de Quebec. 
Je reconnais que les superieurs du Seminaire de Quebec ont donne le 
m^me pouvoir cy-dessus aux dits St. Come et Giroflee. 

En foi de quoi j'ai signe les dits pouvoirs comme procureur du dit 
Seminaire le mois, jour et an que dessus. 

(Signe) BUISSON, ptre. 
(Chicago Historical Society). 

Dolliei', Francois, P.S.S. — Recommendation in favor of Mde. Mathurin 
Parent to obtain a licence to sell liquor. 

La femme de Mathurin Parent m'etant venue plusieurs fois exposer sa 
necessite pour vendre des boissons en detail, sans que j'ai rien eu a lui pou- 
voir repondre, sinon la multitude de cabaretiers ; le mari et la femme etant 
gens de bien et d'exemple, neanmoins vu sa necessite, si on trouve a propos 
de lui accorder une permission de vendre, j'y donne d'autant plus volontiers 
les mains, que je sais que je n'en aurai pas le deplaisir que je re9ois de plu- 
sieurs qui m'ont trompe, et a qui j'ai donne mon agrement pour le detail. 
Fait ce 13 Juillet 1700. 

(Signe) FRANCOIS DOLLIER, P.S.S. 
(Historical Society, Chicago). 

1701 Champigny, Sieur de — Lettre autographe a M. de Pontchartrain. 

Sept. 1 Monseigneur, — Etant aussi persuade que je suis que vous souhaitez 

que tous ceux qui ont I'honneur de servir le Roy sous vos ordres, vivent en 
bonne intelligence. Je suis bien aise de vous dire que M. le Marquis de 
Crisicy et moi vivent tres bien ensemble et que nous avons oublie les con- 
testations qui etaient entre nous, ne songeant I'un et I'autre qu'a bien 
remplir les devoirs de nos emplois ce que je vous supplie ti*es humblement 
de croire et que je suis avec un tres profond respect, 

Monseigneur, 
Votre tres humble, et tres obeissant et tres oblige serviteur, 
A Quebec le V 7bre 1701. 
(Historical Society, Chicago). (Signe) CHAMPIGNY. 



REPORT OF THE ARCHIVIST Ixvii 

SESSIONAL PAPER No. 18 

Tonty, Henri, Sieur de — Memoir of goods furnished him for the 
redemption of Iroquois prisoners. 

" Memoir de ce que Parent a fourni luy et ses associes pour avoir des 
prisonniers iroquois que les Ou8atanons avaient faits et les ramener au 
Sept 18 Detroit, Pontchartrain et mis entre les mains de Monsieui'S de Tonty au 
Detroit." 

Here follows a list of goods in detail. 

* * * * 

18 Sept. 1712. (Signe) PARENT. 

(Historical Society, Chicago). 

De Vaudreuil, Philippe de Rigaud, Marquis de — 

Letters patent to Sieur Queret fils to trade on the Upper Lakes, under 
certain conditions. 

Philippe de Rigaud, Marquis de Vaudreuil, commandeur de I'ordre 
Royal et Militaire de St. Louis, gouverneur et Lieut. General pour le Roy 
en toute la Nouvelle France. 

Sa Majeste par son ordre du P'" Mars dernier ayant perrais au Sieur 
Queret, fils, de lever en ce p^ys, vingt hommes pour conduire quatre canots 
avec 10,000 livres de marchandises, achats de France, a I'etablissement que 
le Sieur Crozat fait faire a Ouabache, nous pour nous conformer a I'ordre de 
Sa Majeste et a ses intentions, nous permettons au dit Sieur Queret, fils, de 
lever les dits vingt hommes pour Ouabache, dont il nous donnera le noms 
avants son depart, ou a M. de Ramesay en notre absence. Mais comme 
I'intention de Sa Majeste est que I'on fasse la guerre aux Sauvages Renards 
et que tous ceux qui monteront en haut servent a cette guerre sous les 
ordres des officiers qui sei'ont envoyes a cet eflfet a Michilimakinac, nous 
ordonnons au dit Sieur Queret, et mt arrive a Michilimakinac avec ses 4 
canots, 20 hommes et 10,000 livres de marchandises, achat de France, de 
laisser les dites marchandises en entrepot au dit lieu de Michilimakinac jus- 
qu'a ce que lui, et les vingt hommes qui seront avec lui aient servi a la guerre 
contre les Sauvages Renards, et qu'il n'y soit plus juge necessaire par les com- 
mandants ; attendu qu'il est egalement important a cette colonie et a celle de 
Louisianne que cette guerre qui empeche la communication qui doit etre entre 
elles soit entierement terminees. 

Et pour la plus grande certitude de la quantite de marchandises qui 
seront chargees sur les quatre canots du Sieur Queret, nous ordonnons au 
dit Sieur Queret avant son depart de nous fournir et a M. I'lntendant et en 
notre absence a M. de Ramesay une declaration des marchandises qu'il 
desirera embarquer avec copie de la facture des dites marchandises pour en 
connaitre le prix. 

Defendons au dit Sieur Queret d'embarquer d'autres que celles qui lui 
seront permises, a peine de confiscation et d'autres proced^s contre lui, en 
cas de contrevenue suivant la rigueur des ordonnances. 

A Quebec, ce troisieme Aout 1714. 

Par Monseigneur (Signe) VAUDREUIL. 

DUMONTIER. 
Historical Society, Cicago. 
Vaudreuil, Philippe de Rigaud, Marquis de — 

Despatch to the Minister giving an account of what took place in this 
Government during the year 1716. Reference is made to transactions 
J . „ between Governor Hunter of New York and Governor Ramesay of Montreal. 

14 Oct. A Quebec le 14 Octobre 1716. 

Le Conseil est instruit par les lettres de 1715 ecrites par le Sieur de 

Ramesay de ce qui s'est passe jusqu'au mois de Novembre de cette annee 

derniere. Le Marquis de Vaudreuil va lui rendre compte de ce que s'est passe 

pendant les premiers mois de celle-ci suivant les memoires, qui lui ont ete 

18-Ei* 



Ixviii CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

remis par le dit Sieur de Ramesay et cela, article par article. Mais comme la 
maladie qui le tient alitte ne lui permet pas d'entrer dans le detail de toutes 
les afi'aires au depart du vaisseau du Roy, le St-Fran^ois, il se reserve a le 
faire par les derniers vaisseaux, esperant etre entierement retabli, avant 
leur depart. 

1^'' Article. 

COLONIE AnGLAISE. 

Le Sieur Hunter, gouverneur de la Nouvelle York .semble par ses 
reponses au Sieur de Ramesay enti'er dans les memes sentiments qua ce 
dernier sur le commei'ce respectif des Anglais et des Francais, ne le trouvant 
pas utile a aucune des deux nations. L'intervention des sauvages sera 
toujours cause que Ton ne pourra pas I'abolir entierement. Les ordres 
donnes au Sieur de Vaudreuil sur ce commerce seront ponctuellement 
executes. Le Sieur de Ramesay a fait faire une confiscation de huit pieces 
d'ecarlatine qui etaient en depot chez les Iroquois dvi Sault St-Louis et qui 
appartenaient aux Anglais. L'ad judication a ete faite et le tiers donne 
aux sauvages dLpositaires pour ne point les aliener. Plusieurs Anglais 
venus sous passeport ont ete renvoyes immediatement apres leur arrivee, 
n'ayant couche qu'une nuit a Montreal, ou ils ont ete gardes a vue pour les 
empecher de s'aboucher ni de commercer avec aucun Francais et sauvage. 
II est pourtant bien difficille s'il n'est absolument impossible d'empecher que 
les sauvages qu'aillent chercher de ces ecarlatines chez les Anglais, parce que 
celles des Sieurs Neret et Guyot, outre qu'elles ne sont pas si belles, content 
aux sauvages quarante livres de castor par piece plus cher que celles des 
Anglais. 

Nous vivons exterieurement fort bien avec les gouverneurs des colonies 
Anglaises. Le Marquis de Vaudreuil expliquera au Conseil dans les Arti- 
cles qui regardent les Iroquois et autres nations sauvages quelques affaires 
secretes, qui se sont passees ; mais que Ton doit esperer n'auront point de 
suite a moins que la guerre avec les Anglais ne vienne a recommencer. 

(Signe) 

VAUDREUIL. 
La Chapelle. 
(Historical Society, Chicago). 

Dubuisson, Sieur — Certificate in favor of Sieur Jacques Hubert La- 
croix, Montreal. 

1721, Nous capitaine d'une compagnie franche de la marine et commandant 
pour le Roy des postes Miasmis, certifiions que les deux canots que monte 
aux dits postes des Miasmis le Sieur Jacques Hubert Lacroix sont a lui en 
son prop re et tous les avantages qu'il en pourra tirer par la traite sans que 
Ton puisse rien pretendre en quelque fagon , que ce puisse etre m'etant 
accomode avec lui. 

Fait a Montreal le 6 juin 1721. 

(Signe) DUBUISSON. 
(Historical Society, Chicago). 

Bienville, Sieur J. Bte de — Power of Attorney to Sieur Raguet. 

1722, Procuration donne par le Sieur Jean Bte. de Bienville Chevalier de 
23 Mars. Tordre Royal et Militaire de St. Louis, commissaire general de la province 

de la Louisiane au Sieur Raguet pour recevoir des heritiers de feu Sieur 
Jacques de Ste. Helene la somme de 500 livres que le dit Sieur a re9u en 
1714 de Don Antoine Ventura de Mardonnez, selon un certificat a cet effet 
en date du 19 Oct. 1720. 

Fait a Biloxi, le 23 Mars 1722. 

(Signe) BIENVILLE. 



REPORT OF THE ARCHIVIST Ixix 

SESSIONAL PAPER No. 18 

1722, Certificat d'enregistrement de Facte ci-dessus. 

23 Mars. (Historical Society, Chicago.) L. S. (Signe) DELONNES. 

St. Uenis, Dame Juchereau de, Cumtesse de St Laurent. 

" Cession de droit par Dame Francoise Juchereau de St. Denis, veuve 

Aug. 1. " de feu Sieur Francois de la Forest, en faveur du Sieur de Tonty, gouver- 

" neur de la Louisiane, itc, kc. pour I'indemniser pour les depenses que lui 

" et le Sieur de la Forest ont faites pour la construction des forts de Pini- 

taSy, La Roche it Chicagou. 

(Signe) TONTY, 

Contresigne, CHS. GERVAIS. 
Fait a Montreal, 1 Aout 1723. 
(Historical Society, Chicago.) 

1724, Robert, Nicolas Edme — Intendant de la Nouvelle France. 

Oct.' 16. Inventaire des effets de ITntendant Robert, qui est mort en mer sur le 

Chameau en venant remplacer I'lntendant Begon. II est mort le jour ou 
le vaisseau est parti de la Rochelle. Cet inventaire est tres detaille et volu- 
mineux (36 pages) ; il a ete fait dans la maison du Sieur Aubert situee rue 
du Sault au Matelot et signe par Anne Picard, veuve de I'lntendant Robert, 
Mathieu Benoist, Collet, J. B. Dufort, Nicolas Boisseau et De Sabine, No- 

A Quebec le 16 Oct. 1724. 
(Historical Society, Chicago.) 

Deed of Sale of a slave between Louis Chappeau and Sieur Pierre Guy, 

Montreal. 

1731, Par devant nous soussigne, notaire en la ville de Montreal fut present 

15 Aodt. Louis Chappeau, demeurant en cette ville lequel a reconnu et confesse avoir 

par ces presentes vendu a Sieur Pierre Guy, marchand bourgeois de cette 

ville, a ce (present ?) et acceptant un sauvage de nation Patoka age d'en\'i- 

ron dix a douze ans, lequel le dit Chappeau garantie de la dite nation 

Patoka et a lui appartenant, pour et moyennant la somme de deux cents 

livres que le dit Chappeau accuse avoir eu et i-e9us, cejourd'hui du dit 

Pierre Guy, en castors et pelleterie, dont il est content de la dite somme et 

tient quite le dit Sieur Pierre Guy et tous autres, &C. ttc, &c. 

(Signe) GUY. 
Montreal le 15 Aout 1731. CHAS. BENOIST ET ? ST. DESIEZ. 
(Historical Society, Chicago.) 

Beauharnois,— Hocquart. — Lettre du Gouverneur aux autorites de la 
Martinique, contresignee Hocquart. 
1734^ Quebec le 16 Septembre 1734 (?) 

16 Sept. Messieurs, — Sa Majeste nous ayant ordonne de faire parvenir a la 

Martinique le nomme Quiala, chef Renard, nous I'avons fait embarquer sur 
le navire Le St. Francois, Capitaine Detouche qui le remettra a vos ordres a 
son arrivee. Elle a agreable de nous marquer qu'elle nous fera expliquer ses 
intentions au sujet de ce sauvages ; Nous ne pouvons vous en rien dire, mais 
vous devez etre prevenus que cet homme a passe pour intrepide dans sa 
nation, ennemie de li notre, et qu'il le faut observer de pres. 
Nous sommes avec respect. Messieurs, 

vos tres humbles et tres obeissants serviteurs, 

BEAUHARNOIS. 
Quebec 16 7bre 1734. HOCQUART, INT. 

(Historical Society, Chicago.) 

Beauharnois, Charles De — Ordonnance au sujet du Sieur Hertel de St 
Frangois. 

Charles de Beauharnois, Commandeur de I'ordre Royal et Militaire de 
St. Louis, Gouverneur et Lieut. General pour le Roy en toute la Nouvelle 
France, terres et pays de la Louisiane &c., &c. 



Ixx GANADIAy ARCHIVES 

5-6 EDWARD VII., A. 1906 

1735, II est ordonne au sieur Hertel de St Franc^'ois de veiler a la recherche 

®^' des soldats deserteurs, et ordonnons aux capitaines, ofEciets et habitants de 

cotes de St Francois OuSamaska et Saurel de lui donner main forte toutes 
fois et quand il la leur demandera, comme aussi de lui donner avis des 
soldats ou autres gens sans aveu qui passeront dans leur cote sans etre 
munis d'une permission signee de nous ou de M. de Becancour et de Vau- 
dreuil. Le dit sieur Hertel de St Francois se conformera au contenu du 
present ordre et nous informera de ceux qui y contreviendront pour en etre 
punis, suivant I'exigence des cas. 
Fait a Quebec le 27 Dec. 1735. 

(Signe) BEAUHARNOIS. 
par Monseigneur 
(Historical Society, Chicago.) ^ Du Tisne. 

Fleury, Charles, Chevalier. Lettres autographes ecrites de 1735. a 
1741, cfe autres manuscrits etablissant ses services dans les armees du Roy. 

Note. — " Ne au Canada vers 1672. En 1694 il fait partie de I'Expe- 
" dition de M. d'Iberville a la Bale d'Hudson sur le vaisseau Le Dragon, 
" commande par M. de Serigny, la il dut se rendre prisonnier aux Anglais 
" qui lenvoyerent en Angleterre. II fut present au traite de Ryswick et 
" charge des notices (?) et memoires qui servirent a fixer les limites respec- 
" tives des territoires de la France et de I'Angleterre entre I'Acadie, le 
" Canada et la Bale d'Hudson. Api-es la conclusion de la paix il s'adonna 
" au commerce. En 1705 il fut fait major garde-cote et en 1715 capitaine 
" general de Marans, pres de La Rochelle. La collection comprend 34 
" lettres. 

" Estat des services de Charles Fleury, Capitaine General des Gardes- 
" cotes de Morans, ne en Canada de parents nobles oii son pere est mort 
" age de 92 ans. Lieutenant general de Montreal ; ayant passe en ce pays 
" la en 1660, enseigne dans le regiment de Carignan." 

" 1690. Je fus fait cadet dans les troupes de la Marine en Canada. 

" 1692. Je fus fait enseigne m'a commission est du 23 Juin. 

" 1694. Je fus detache et fait enseigne sur le vaisseau du Roy Le 
Soli (Lessoly 1), commande par M. d'Iberville. Nous fumes hiverner a la 
bale d'Hudson, ou nous prismes le Fort Bourbon sur les Anglais 

1695. Nous revimmes en France 

1696. Je fus rembarque pour enseigne sur le vaisseau du Roy Le 
Dragon commande par M. de Serigny ; nous retournames a la bale d'Hudson 
ou ayant trouve quatre vaisseaux de guerre Anglais qui s'etaient empare de 
I'embouchure de la riviere nous ne pumes donner de secours au fort. 

M. de Serigny me detacha dans son canot avec quatre hommes seule- 
ment ayant le vent bon. A la faveur de la nuit je passai a travers les 
ennemis qui me tirei"ent nombre de coups de canon, n'osant pas me faire 
suivre par leur chaloupe, a cause de courants et de I'obscurite. Je me rendis 
dans le fort. Ayant ensuite ete a bord des vaisseaux ennemis, leur porter 
la reponse a leur sommation, ma presence fut cause que nous fismes une 
capitulation telle que nous voulusmes, parceque sachant que je venais 
d'Europe, comme eux, ils crurent que votre vaisseau pouvoit avoir arrive 
quelques semaines avant eux et donne au Fort les secours necessaires, ce qui 
I'aurait rendu imprenable pour eux. Mais lors qu'apres la reddition ils 
virent qu'il n'y avait dedans ni poudre, ni plomb, ni vivres, ils rompirent 
la capitulation et nous menerent comme prisonniers de guerre. Dore ayant 
porte nos plaintes au Roy Guillaume, on me fit passer a Londres avec le 
gouverneur du Fort qui ne savait ni lire ni ecrire. Le reste de la garnison 
fut conduit a St. Malo. 

1697. Etant a Londres sous la garde d'un huissier et sachant que la 
paix se traitait a Ryswick je passai en Hollande, aupres des Plenipotenciers 



REPORT OF THE ARCHIVIST Ixxi 

SESSIONAL PAPER No. 18 

de France qui m'ayant entendu, ecrivirent en coui* et recurent des ordres 
pour demander raison du voilement de la capitulation. Ce qui donna lieu au 
8""* Article du traite de Ryswiek entre la France et I'Angleterre, tel qu'on 
peut le voir, et ils me renvoyerent sous garde de mon huissier a Londres 
d'ou je m'etais echappe. 

1698. Sur la fin de I'annee, je £us envoye a Londres par ordre de la 
cour, pour donner a M. le comte de Tallard (?) et a M. le Marquis d'Her- 
bault les memoires necessaires tant au sujet de cette capitulation que pour 
I'estimation des eflfets y compris, qui n'etaient plus en nature conformement 
au traite de paix ; et encore pour leur donner les memoires necessaires sur 
les limites a mettre entre les deux nations a I'Acadie et a la Bale d'Hudson. 

1700. Je revins en France, i-apportant la valeur des effets accordee par 
la capitulation. La paix etant faite on lacha tous les officiers neufs de la 
marine, et n'ayant point de bien, je pris le parti du commerce maritime en 
gros, permis au noble. 

1705. Je fus fait Major garde — cfote de la capitainerie de Castel-alion 
ou j'ai servi pres de trente ans sans interruption. 

173.5. J'ai ete fait capitaine general de la capitainerie de Marans. 

(Signe) FLEURY. 

Les lettres a sa famille n'ofifrent aucun interet au point de vue de I'his- 
toire. P.M.OL. 

Extrait d'une lettre de Fleury au ininistre. 

La Rochelle, le 21me xbre 1737.. 

Dec 21 MoxsEiGXEUR, — Les milices gardes-cotes sont un corps considerables 

sous I'autorite de votre Grandeur depuis Dunkerque jusqu'a Bayonne et en 

* * qu'elle sont aussi bien en regie que celle de La 

Gironde et la Loire ou chaque capitainerie a son assemblee aux revues. 11 

ne manque a ce corps Monseigneur qu'un peu de decoration, qui lui ferait 

honneur, ne couterait rien au Roy, servirait infiniment a la discipline et a 

faire respecter les officiers majeurs paries passants, qui se gouverne plus par 

le dehors que par la raison * * * 

(Signe) FLEURY. 

(Historical Society, Chicago). 

1747 . . . 

April 4 Clignancourt, Louis d'Amours, Sieur de — 

Cession faite par le Sieur Lemoine de Moniere et Jean Lechelles mar- 

chand de Montreal a M. Louis d'Amoui-s ecr., Sieur de Clignancourt, Sieur 

Jean Gareau dit St. Onge, Paul Le Due, faisant tant pour lui que pour 

Sieur Etienne Auge, suivant sa procui'ation sous seeing priAe en date du 2 

Aout 1746 tous Associes par egales portions, * la poste et la 

Bale (des Puants) et ses dependances. Sans aucune reserve aux conditions 

ci-dessous * * * * 

PAUL LE DUG POUR AUGE, LECHELLES, 

MONIERE, MOITE DE HORAS, NOT AIRE. 

JEAN GARREAU, (Signe) CLIGNANCOURT, 

A Montreal, le 4 Avril 1747. 

(Hstiorical Society, Chicago). 

Laverandrye — Directions given to M. Gamelin to have repaired the 
Forts Maurepas and de la Reine. 

" Je prie Monsieur Gamelin de me faire le plaisir d'aflfermer le fort de 
" Maurepas et le fort de la Reine, en societe avec mon fils Monnoir de la 
" Verandrye, a telle composition qu"il jugera a propos, promettant ratifiier 
" ce qui sera fait. 
A Montreal, ce premier jour de Juin 1747. 

(Signe) LAVERANDRYE. 



1 Juin 



Ixxii CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

1747 Certifie veritable et paraphe ne varietur, du dit Sieur, du bail passe 

12 Juillet (Jevant les soussignes aujourd'hui douze Juillet mil sept cent quarante- 
sept, par le dit Sieur Tgnace Gamelin au Sieur de la Verandrye, fils et Des- 
rivieres. 

IGNACE GAMELIN, 
Louis XIV. DES RIVIERES. 

Duchesnay, Sieur Juchereau^-Provisions de conseiller au conseil supe^ 
rieur de Quebec, pour le Sr. Juchereau Duchesnay a la place du Sieur de 
Monseignat. 
1704 Louis par la grace de Dieu Roy de Fi-ance et de Navarre a tous ceux 

qui ces presentes lettres verront, saiut : — • 

Estant necessaire de pourvoir aux fouctions de Foffice de conseiller au 
conseil superieur de Quebec a la place du Sieur de Monseignat, et etant 
informe de la capacite, prudhmomie et experience au fait de la judicature et 
assurer a notre service la personne du Sieur Juchereau du Chesnay, a ces 
causes et autres a ce * Nous avons fait choix du Sieur 

Juchereau Duchesnay, auquel nous avons donne et octroye, donnons et 
octroyons par ces presentes signees de notre main itc, &c, office de Conseil- 
ler au dit Conseil superieur etably a Quebec. Pour le dit office avoir, tenir 
et doi-enavant (jouir I) par le dit Sieur Juchereau Duchesnay &c, &c. 

Donne a Versailles, ce premier jour de Juin mil sept cent quatre et de 
notre regne le soixante deuxieme. 
Par le Roy (Signe) LOUIS. 

PHILIYPEAUX. L. S. 

(Historical Society, Chicago). 

Beauharnois, Charles, Marquis de. 
6 Juin. Lettres Paten tes de "la compagnie des Sioux ". 

Charles Marquis de Beauharnois, chevalier de I'ordre royal et militaire 
de St. Louis, Gouverneur et Lieut. General pour le Roy en toute la Nou- 
velle France. 

Nous, en vertu des ordres a nous adresses par le memoire du Roy, du 
4 May 1726, conct^rnant I'etablissement d'un commandant et de deux mis- 
sionnaires chez les Sioux pour satisfaire aux intentions de Sa Majeste, 
avons en la presence de M. de Longueuil, gouverneur de cette ville de 
Montreal, de M. d'Aigremont, commissaire ordonnateur, et de M. de la 
Corne, Lieutenant du Roy de la ville de Montreal, regie et arrete les articles 
d'engagements et demandes des soussignes interesses dans la compagnie 
des Sioux de la maniere et ainsi qu'il en suit, Savoir : — 

Art. I. Que le commerce de tout le pays des Sioux sera accorde et 
permis aux soussignes purement et simplement pour trois annees entieres 
et consecutives, exclusivement a tous autres quels qu'ils puissent etre, en 
sorte qu'il ne soit permis a personne d'y aller ou * * * un ou plu- 
sieurs canots sans le consentement de la compagnie. Et si quelqu'un de 
quelque qualite on de condition qu'il puisse etre y allait en commerce, qu'il 
sera permis et meme enjoint a I'officier commandant de faire confisquer ses 
elFets pour etre distribues suivant les ordres que nous jugerons a propos de 
donner, et que la moitie des dites confiscations appartiendra a la compagnie. 

Que les dits interesses ne pourront faire la traite n"y aller en chasse 
du cote de la pointe de ChaySamigon ailleurs que dans les pays de chasse 
ou vont les Sioux Et que du cote de la Bale (des Puants) ils ne pourront 
pareillement aller que dans le pays de chasse des Sioux sans qu'il leur soit 
permis de traiter dans I'Ouisconsing ni au portage par lequel ils doivent 
passer, pour se rendre aux Sioux qui servira de borne aux uns et aux autres. 

Art. II. Qu'ils ne pourront batir de forts ni de maisons equivalent es 
dans les endroits de chasse, mais seulement, dans le lieu ou I'officier com- 
mandant fera son etablissement. 



1727 



REPORT OF THE ARCHIVIST Ixxiii 

SESSIONAL PAPER No. 18 

Art. III. Qu'il sera permis aux dits interesses de faire monter au dits 
pays ses Sioux dans les deux annees suivantes, tel nombre de canots qu'ils 
jugeront a propos, si I'esperance de profit a faire dans le commerce devient 
plus grande, et pour les engager a augmenter le nombre des marchandises 
et des canots a y envoyer ; la part que chacun des fissocies a presentement 
augmentera a proportion de I'augmentation de tout le commerce en general 
ainsi, si le commerce qui est a present de neuf canots, devient ensuite de 
douze, chacun pourra augmenter d'un quart au dessus de ce qu'il a eu en 
commerce. 

Art. I V. Qu'on leur accordera la preference au bout de trois ans sur le 
plus haut et dernier encherisseur, si ce commerce est donne au plus offrant 
ou si nous jugeons a propos d'en fixer nous-meme le prix, qu'ils soient pre- 
feres a tous autres s'ils veulent accepter. 

Art. V. Qu'en cas qu'il soient arretes en chemin, dans le pays des 
Renards ou plus loin, ou qu'etant arrives au pays des Sioux, ils soient con- 
traints cette annee, par une force majeure de s'en revenir, il leur soit permis 
de traiter leur marchandises ou bon leur semblera, sous les ordres de I'ofli- 
cier commandant qui aura le pouvoir de faire la destination d'un chacun de 
la maniere qu'il jugera le plus convenable ou bien du service du Roy et de 
la colonic. 

Art. A^I. Qu'il sera libre a ceux des dits Interesses qui aui'ont des rai- 
sons particulieres et incommodites ou d'interets domestiques d'abandonner 
et de revenir avant les trois ans expires, de telle sorte neanmoins qu'aucun 
d'eux ne puisse quitter le pays des Sioux, sans une permission expresse et 
par ecrit de I'ofiicier commandant. 

Art. VII, Qu'aucun des associes ne pourra ceder sa part en tout ou en 
partie qu'a des personnes de bonnes moeurs, eloignees de tout scandale et 
incapables de mettre un obstacle a I'etablissement de la Religion parmi ce 
grand nombre de peuples barbares, afin d'attirer la benediction de Dieu, 
sur leur personnes et sur leur commerce. 

Art. VIII. Qu'il soit defendu a qui que ce soit des associes et de ceux 
qu'ils auront a leurs gages de s'eloigner du foVt qui sera construit, soit pour 
revenir a Montreal, soit pour aller en quelqu'autres endroit, meme pour 
aller a la chasse, sans une permission expresse de M. le commandant. 

Art. IX. Que les dits Associes s'obligent a laisser le printemps pro- 
chain dans le fort deux hommes par canot qui font dix-huit hommes, sans y 
comprendre les domestiques de Messieurs les officiers et des dits mission- 
naires, et qu'il puissent employer les autres a apporter leurs Pelleteiies 
jusqu'a Montreal pour en rapporter des marchandises ; ce qui doit s'en- 
tendre egalement des deux dernieres annees. 

Art. X. Que quand ils quitteront le dit Poste il leur sera libre de 
vendre les maisons quils auront fait construire pour eux et leur compte 
particulier. Et pour I'effet des demandes cy-dessus, les dits interesses s'en- 
gagent. 

Art. I. A construire un fort de pieux, une chapelle, une maison pour 
I'officier commandant et une pour les missionnaires, le tout dans le lieu et 
de la maniere qu'il sera regie par I'officier commandant, auquel ils pi'omet- 
tent d'obeir et entendre en tout ce qu'il leur commandera pour I'avance- 
ment de la Religion, le bon ordi*e du Poste et le bien de la colonie. 

Art. II. lis s'engagent en outre a faire porter gratuitement d'ici au 
pays des Sioux ce qu'il leur sera donne, soit pour I'officier commandant soit 
pour les missionnaires jusqu'a la pesanteur de six cents livres sur chaque 
canot, s9avoir trois cent livres pesant pour le commandant et autant pour les 
missionnaires, ce qui doit s'entendre de telle sorte que le canot qui portera 
I'officier commandant ne sera point compris, pour cette annee seulement, dans 
le nombre de ceux qui s'obligent a porter les six cents livres pesant ; non plus 
que le canot qui menera I'officier en second et les deux canots qui meneront 



Ixxiv CANADIAN ARCHIVES 

5-6 EDWARD VII,, A. 1906 

les deux missionnaires avec leurs vivres, chapelle, lits, A:c., poiteront chacun 
trois cents livres pesant. 

Art. III. Les annees suivantes, ils seront tenus absolument de faire 
porter au dit pays des Sioux dans le fort construit et a la maison de I'officier 
commandant les rafraichissements et autre choses necessaire et utiles jus- 
qu'a la pesanteur de treize cents cinquante livres par chacune des dites deux 
annees, mais suppose que le commerce ne reussit pas, et qu'on ne peut faire 
descendre ici qu'un petit nombre de canots, en ce cas ils ne seront tenus de 
porter que mille livres pesant pour I'ofBcier commandant. 

Art. TV. Ils s'engagent pareillement a faire porter de Montreal au dit 
pays des Sioux, jusqu'a la. maison des missionaires ce qu'on leur donnera 
pour eux, chacune des deux annees jusqu'a la pesanteur de mille livres, soit 
qu'il y ait beaucoup de canots a venir ici ou non. 

Art. V. lis s'engagent en outre a acheter trois ou quatre canots de 
surplus quand ils seront arrives a Michilimakinac pour passer plus facile- 
ment dans la Riviere des Renards, et dans celle du Ouisconseing et de 
charger sur ces canots six cent livres pesant pour les missionnaires et trans- 
porter les dits efFets pesant six cent livres de Michilimakinac au dit pays 
des Sioux, sans y comprendre les sacs de ble d'Inde qu'ils s'engagent de 
porter pour la subsistance des dits missionnaires, non seulement cette pre- 
miere annee mais les suivantes. 

Enfin on est convenu avec un des associes nomme Frangois Campeau, 
qu'il aura la liberte de travailler de son metier de forgeron et armurier, 
pour tous ceux qui voudront I'employer en le payant. Moyennant quoi ; le 
dit Campeau s'engage a donner par chacune des dites trois annees a la dite 
compagnie, la somme de quatre cent livres en pelleteries ou en argent monaye 
a son choix et de fournir outre cela gratuitement trente vices et autant de 
graines {1) 

De tous ce que dessus sont convenus tous les associes et ont consenti 
que si quelqu'un d'entre eux contrevenait a un seul des articles cy-dessus 
enonces, il fut puni severement et dechu de tous ses droits. 

Et lecture faite des articles de demande et d'engagement cy-dessus les 
dits associes dans la compagnie des Sioux, ont consenti d'executer tout ce 
qui est contenu et ont accepte et agree toutes les chai'ges, clauses et condi- 
tions y enoncees. A I'effet de quoi, ils ont tous signe avec nous et les de- 
nommes cy-dessus. 

Fait a Montreal ce sixieme Juin, mil sept cent vingt sept. 
LACORNE, GARREAU, 

LOXGUEUIL, . FRANCOIS CAMPOT, 

D'AIGREMONT, GEORGE DUPRE, 

PETIT BONNEVILLE DE MONBRUN, PIERRE DUMAY, 

SIEURLAURENTDEMONTBRUN, (Signe) BEAUHARNOIS. 

1752 (?) Longueuil, Baron de — Instructions to M. de Vassan. 

Extrait : — " Je reitere a M. de Vassan les ordres que feu M. de Jon- 
" quiere lui avait donnes de ne pas se fier aux Anglais, ni leur permettre de 
" venir sur notre terres. Je lui enjoins pour le surplus de se conformer en 
" tous chefs a ce que le general lui a cy devant prescrit. 
" Je suis avec un tres profond respect 

" Votre tres humble et tres obeissant serviteur 
(Historical Society, Chicago.) LONGUEUIL." 

Duquesne, M. le Marquis — Commission in the Array given Sieur Louis 
,^r> Hertel. 

Oct.'23. Le Marquis Duquesne, chevalier de I'ordre Royal et militaire de St 

Louis, etc, &c, (fcc. 

Nous, en vertu du pouvoir a nous donne par Sa Majeste avons nomme 
et retenu le Sieur Louis Hertel pour servir dans les troupes de cette colonie 



REPORT OF THE ARCHIVIST Ixxv 

SESSIONAL PAF'ER No. 18 

en qualite de cadet soldat. En foi de quoi nous avons signe ces presentes 
a y celles faitapposer le cachet de nos armes et contresigner par notre secre- 
taire. 

Fait a Quebec, le 23 Octobre 1753. 

(Signe) DUQUESNE. 
Par Monseigneur 
MERBEL(?) 
(Historical Society, Chicago.) 

1755, Wolfe, General James— Receipt for pay. 

May 9. Received of William Adair Esqr. £4-5 15s. 5d. in full of 365 days 

arrears, from 25th June 1753 to 24th June 1754 and in full of my pay and 
arrears of pay to said 24th June. 

(signed) 

JAM. WOLFE. 

May 9th 1755. 
(Historical Society, Chicago.) 

1757,- Yaudreuil, Pierre Rigaud, Sieur de — 

30 Sept. Traite de Societepour Fespace de trois annees consecutives a commencer 

le printemps prochain 1758, entre Pierre Rigaud Sieur de Yaudreuil, pos- 
sesseur de la Bale de Puants, itc, &., qui cede a Sieur Jacques Giasson et 
Ignace Hubert un lieu d'interet dans le commerce du sus-dit poste et depen- 
dances aux conditions ci-i;pres enoncees * 

Signe a Montreal, le 30 Sept. 1757. 

RIGAUD DE YAUDREUIL. 
J. G. HUBERT. 
JACQUES GIASSON. 
(Historical Society, Chicago.) 

1757, Montcalm, Louis de Gozon, Marquis de — 

18 Aout. - x^ Portage, 18 Aout 1757. 

* * lament de Beam sera arrive, il * passera ainsi que 
M. de Bourlamaque et je vous prie * * vous occuper des objets dont 
nous sommes convenus concernant le Fort de Carillon. II faut aussi songer 
aux fourages et il faudrait a cet efFet que M. * * * de la milice ou 
quelqu'un de votre part * * de trouver dans le peu de miliciens qui 
nous restent ou dans les soldats de la colonie des faucheurs, et reconnaitre 
les endroits les plus a portee de Carillon, parce que nous pouvons donner 
que de petites (escortes) vu la diminution de nos troupes, la diversite de nos 
camps et Toperation du Portage par cette saison. Nous ne pouvons vous 
aider d'aucun ouvriei-s que le portage ni soit fini. Nous pourrions seule- 
ment dans quelques jours vous fournir que des macons et charpentiers : 
tant qu'a * * Fourniere sera utile a Carillon et pour vous aider aux 
travaux et pour aider a faire le plan qu'il a leve de nos tranchees ou des 
environs, gardez-le jusqua ce qu'il n'y sera plus necessaire, il viendra a faire 
son service de Lieutenant au Bataillon. Jai Ihonneur d'etre avec un par- 
fait attac'-.ement, Monsieur, votre tres humble et tres obeissant serviteur, 

MONTCALM . 

Levis, Chevalier de. Lettre datee du camp. 

Minuit, 8 Aout 1758. 
" J'ai recu mon cher Me'fort un paquet a I'adresse de M. de Chaleu, 
" ou j'ai trouve une lettre pour vous que j'ai lue. Je la trouve assez inte- 
" ressante, elle est de M. Donchan (?). Je ne perds pas un moment pour 
vous la faire passer. Je vous souhaite bien, le bon soir, mon cher comte. 
^ (Signe) LEYIS. 

A Minuit du 8 au 9 (Aout) 
(Historical Society, Chicago.) 



Ixxvi CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

1759. Vaudreuil, Pierre Rigaud, Marquis de. 

'^"^J' ^^- Acte de vente par Joseph Dufour dit Latour, du Faubourg St. Laurent 

a Montreal a Haut et Puissant Seigneur, Monseigneur Pierre Rigaud, 
Marquis de Vaudreuil, Gouverneur et Lieut, general pour le Roy en toute 
la Nouvelle France, terres et pays de la Louisiane, d'un terrain a Montreal, 
rue Notre Dame * * * ayant vingt cinq pieds de front sur trente deux 
de pi'ofondeur. 

(Signe) VAUDREUIL. 
le 31 Juillet 1759. 
(Historical Society, Chicago.) 

Murray, General James. Appointment, probably the 1st under British 
rule of a judge for the parishes below Quebec. 

Par Son Excellence Monseigneur Jacques Murray Brigadier General 
et Commandant en chef des Troupes de Sa Majeste Britannique dans le 
Fleuve St. Laurent Gouvernement de Quebec et des pays conquis. 

Etant necessaire pour le bien et I'avantage des habitants des paroisses 
de Berthier et suivantes jusqu'a Kamouraska inclusivement et maintenir la 
police et le bon ordre dans les dites paroisses d'y etablir * * * justice. 
Ayant reconnu la bonne vie et moeurs et capacite en fait de justice de M. 
Jacques Allier, I'avons nomme et nommons juge civil et criminel, pour 
exercer dans les dites paroisses la justice sauf I'appel en la Ville de Quebec, 
devant le Colonel Young juge civil et criminel en dernier ressort de la dite 
ville et pais conquis. Pour par mon dit Sieur Allier jouir de la dite charge, 
aux charges, droits et honneui'S et prerogatives y attaches. Ordonnons au 
dit Sieur Allier de recevoir les dites commissions sous peine de desobeis- 
sance. Apres avoir prete le serment entre nos mains sur les Saints Evan- 
giles de s'acquitter en foi, ame et conscience des devoirs de sa charge. 

En foy de quoi nous avons signe ces presentes a icelles fait apposer le 
cachet de nos armes et contresigner par notre secretaire, a Quebec, le seize 
Janvier mil sept cent soixante. 

(Signe) JAS. MURRAY. 
Par Monseigneur 

H. T. Cramahe. 
(Historical Society, Chicago.) 

Murray, Brig. General James. 

Quebec, 20th September 1764. 
1764. To George Ross, Esq., Agt., London. 
Sept. 20. Warrant to pay to M. Dingwall £33 for a gold watch. 

(Signed) Jas. MURRAY. 
(Historical Society, Chicago.) 

Carleton, Hon. Guy. Permit to Rev. Pierre Gibault to go to the 
Western Country. 

By the Hon. Guy Carleton, Lieutenant Governor and commander in 
chief of the Province of Quebec, Brigadier General Commanding His 
Majesty's Forces in the Northern District. 

The commander in chief of His Majesty's Forces in Korth America 
having been pleased to approve of a Priest from this Province repairing to 
the Illinois for the comfort and satisfaction of the King's Roman Catholic 
subjects in those parts, who, it is hoped, will entertain a due sense of the 
care (he) sheweth for their interests. 

These are therefore to permit the Rev. Pierre Gibault a missionary 
priest, who has taken the oath of allegiance to His Majesty, together with 
Marie Gibault his Mother and Louise Gibault his sister, to pass fron hence 
to the Illinois by way of Michilimakinac in a canoe with the baggage to 
them belonging ; without hinderance or molestation ; in which all officers 



REPORT OF THE ARCHIVIST Ixxvii 

SESSIONAL PAPER No. 18 

commanding at the several Forts and Posts, within the Northern district, 
are required, as those without said district are desired to be aiding and 
assisting to him, in forwarding him to his aforementioned destination, 
He as well as the people with him, behaving as becometh. 
Given under our hand and seal 

At Montreal this 1st. Day of June 1768. 

Bv the Brig. Gen'Is command. GUY CARLETON. 

H. T. CRAMAHE. 
In Margin : — One Bale, Four kegs of Brandy, Four ditto of wine. 
Canoe men : Jacques Perrier of Pt. Claire, Jean Bte. Tesse of Longueuil, 
Frs. La Marche of ditto, Jean Bte. Dubuc of Montreal, Pierre LaChapelle 
of ditto, Michel Lavoix of Chambly, Frs. Jolliet of La Valterie passenger, 
Joseph Baugis of Beauport, a servant. 

G. C. 
(Historical Society, Chicago.) 

Carleton, Hon. Guy. 

Order of Genl. Guy Carleton for the issuing of stores to the Indians of 
Lorette. 

Quebec July 31st 1770. 
1770, Gentlemen, 

July 31. You are hereby ordered and directed to issue from out of His Majesty's 

Store in this Garrison, to the Savages of Lorette, one barrel of corned 
powder, of one hundred pounds weight ; and two hundred pounds weight 
of shot or lead, and for so doing, this shall be your justification and autho- 
rity. 

. GUY CARLETON. 
To The Respective Officers 

of His Majesty's Ordinance 
Quebec. 
(Historical Society, Chicago.) 

Articles of Capitulation of Detroit, 16 Aug. 1812. 
General Orders : — "* 

Head Quarters at Detroit, 16 Aug. 1812. 

It is with pain and anxiety that Brig. Genl. Hull announces to the 
North Western Country that he has been compelled from a sense of duty 
to agree to the following articles of capitulation. 

1. Fort Detroit with all the Troops, Regular as well as Militia will be 
immediately surrendered to the British Forces under the command of Major 
General Brock, and will be considered prisoners of wai', without excepting 
such of the Militia of the Michigan Territory who have not joined the 
Army. 

2. All public stores, arms and all public documents including every 
thing else of a public nature will be immediately given up. 

3. Private property & persons of every description will be respected. 

4. His Excellency Genl. Hull having expressed a desire that a deserter 
from the State of Ohio on the way to join his army, as well as one from 
Fort Detroit under the command of Col. McArthur should be included in 
the above stipulation, it's accordingly agreed to. It's however to be under- 
stood that such part of the Ohio Militia as hav'nt joined the Army, will be 
prevented to return home ; on condition of them not serving during the 
war ; their arms however will be delivered up, if belonging to the public. 

5. The Garrison will march out at the hour of twelve o'clock, this day 
and the British forces will take possession of the fort. 

(signed) HULL, Brig. Genl. 

(From the Burton Collection of Mss. 

Detroit, Mich.) 



Ixxviii CANADIAN ARCHIVES 

5-6 EDWARD Vll-i A. 1906 

AT THE COUNCIL CHAMBER, 

Whitehall, the 6th day of October, 1763. 

Privy Council By the Right Honourable the Lords of the Committee of Council 

^J^f^^' C^eo. Ill, £q^. Plantation Affairs, &c. 

, Present : 

Earl of Sandwich Earl of Halifax. 

Earl of Hillsborough 

Comicons—Heport of Your Majesty having been pleased by Your Order in Council of the 
Coimnitt^ff* *^^ tl ^^^ ^^ ^^^^^ Instant to referr unto this Committee a Representation 
Draughts of Commis- from the Lords Commissioners for Trade and Plantations, setting forth, 
sions for the Gover- " that in obedience to Your Majesty's Commands signified to them in 
riorida,HvSt f£'* "a Letter from the late Earl of Egremont dated the 14th July, last, 
ida and the Granades. "they have prepared Draughts of Commissions for the Honourable 
"James Murray, Esq., to be Governor of Quebec, James Grant, Esq., to 
" be Governor of East Florida, George Johnston, Esq., to be Governor 
"of West Florida, and Robert Melvil, Esq., to be Governor of Gren- 
" ada, Dominico and Tobago. That in the Description of the Govern- 
P- ^^^- " ments of Quebec, East Florida, and West Florida, they have 

" conformed to the Limits and Bounds which Your Majesty has been 
"pleased to direct and approve, and as they conceived it to be Your 
" Majesty's Royal Intention, that the Form and Constitution of Gov- 
" ernment in these new Colonies, should be as near as may be similar 
"to what has been established in those Colonies, which are under 
" Your Majesty's immediate Government, they have therefore prepared 
" these Commissions accordingly, by which the Governors are im- 
"power'd and directed so soon as the Circumstances of the Colonies 
" will admit thereof, to summon and call General Assembly s of the 
" Freeholders iji their respective Governments in such manner as is 
" practised in Your Majesty's other Colonies ; That they have omitted 
" in these Commissions any Power that it may be necessary to grant to 
" the Governors and Councils of Your Majesty's said new Colonies to 
" make Temporary Regulations until Assembly s can be called, because 
" they were of opinion that an immediate and publick Declaration of the 
"intended permanent Constitution, and an Insertion in the first Com- 
" missions of the Power of calling Assemblys so soon as the Circums- 
" tances will admit, is expedient for Your Majesty's Service, and will 
"give Confidence and Encouragement to such of Your Majesty's Sub- 
" jects as shall incline to settle in Your said new Colonies, and because 
"such Power of making temporary Regulations may be given in the 
" General Instructions which they shall prepare and lay before Your 
"Majesty with all possible Dispatch That there are in the Commis- 
" sions to the Governors of Your Majesty's other Colonies some clauses 
" I'especting the Power of suspending and comptrolling the Council, 
" l)ut as they conceive these matters may be more properly and regu- 
" larly provided for in the Instructions under those Articles which 
" direct the Nomination of the Council, ascertain their Authority and 
" point out their Duty and Methods of Proceedings, they have there- 
" fore omitted these Clauses in the present Draughts in order to insert 
" them in the Instructions." 

The Lords of the Committee in Obedience to your Majestys said 
Order of Reference this day took the said Representation and Draughts 
of Commissions into their Consideration, and are of opinion, that in 
order to make the said Commissions agreeable to the Instructions to 



REPORT OF THE ARCHIVIST Ixxix 

SESSIONAL PAPER No. 18 

be given to the said Governors the following Addition should be made 
to each of the said Commissions at the End of that Article whereby 
the said Governors are empowered to make Grants of Land — Viz : 

" Provided the same be made conformable to the Instructions here- 

" with delivered to you, or to such other Instructions as may hereafter 

" be sent to you under Our Signet and Sign Manual, or by Our Order 

" in Our Privy Council." — And the Lords of the Committee having 

accordingly caused the said Addition to be made in each of the said 

^ Draughts do agree humbly to lay the same so amended before your 

Majesty for your Royal Approbation. 

Committee Report Your Majesty having been pleased by your Order in Council of the 

upon the Draught of 5th of this Instant to referr unto this Committee a Representation 

a Comicon for from the Lords Commissioners for Trade and Plantations setting forth, 

Montagu Wllmot, ./-xii- n/r- i-i ^ • -n ^ i i\ 1 

Esqr. to be Govr. " that in Obedience to your Majesty s <^ommands signihed to them by 
a Letter from the Earl of Halifax, dated the 27 th of last month they 
have prepared, and humbly lay before your Majesty, the Draught of a 
Commission appointing Montagu Wilmot Esqr. Governor of Nova 
Scotia, in which Draught they have so described the Northern and 
Eastern Limits of this Province, as to make it conformable to what 
has been already approved in respect to the Southern boundary of the 
Province of Quebec, and to comprehend the Islands of Cape Breton and 
St. Johns, that they have also made the River St. Croix the Boundary 
to the Westward, for although it be true that the ancient Limits of 
this Province, as it was possessed by France under the Treaties of 
Breda and Ryswick and ceded to Great Britain by the Treaty of 
Utrecht under the name of Acadia, did extend as far West as the 
River Pentagoet or Penobscot, yet as it appears to have been deter- 
mined in the year 1732, upon a full examination of the claims of the 
Province of the Massachusets Bay, as well by i\\e Attorney and Solli- 
citor General, as by this Board, and finally by His Majesty in Council, 
that the said Province had a right of Jurisdiction and property under 
the Limitation of the Charter, to the Country between the Rivers 
Sagadehock and St. Croix and as in consequence of this Examination, 
the Instructions given to Colonel Dunbar, and to the Governor of 
Nova Scotia to make Settlements within that Tract were revoked, and 
it was Ordered that the Province should not be disturbed in the pos- 
session they claim to have of this Country it does not appear to them 
that this question is for the present open to a New Discussion : But 
as they conceive there are many material circumstances in favour of 
Your Majesty's Right to the Country as far Westward as the River 
Penobscot which were not stated in the Case laid before the Attorney 
and Sollicitor General in 1732, upon which Case their Opinion and the 
Dicision of the Counci' were founded, they do not think it adviseable 
that this Restriction of the Western Bounds of Nova Scotia to the 
River St. Croix should pass without some reservation of Your Majesty's 
Right to the Country between that River and Penobscot, being entered 
upon the Council Books ; And they rather humbly proposed this to 
your Majesty, as it may be a means of hereafter removing any objec- 
tion which may be taken on the part of the Province of Massachusets 
Bay to the Southern Line of Quebec, as far as it concerns their North- 
ern Limits, for if such Objection should be made, and it should appear 
upon examination they have any just grounds of Complaint, it will be 
in Your Majesty's power to make them a reasonable Compensation, by 
allowing their .Jurisdiction to extend as far Eastward as the River St. 
Croix, between which and the River Penobscot they have lately made 
some considerable Settlements. 



Ixxx CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

p. 115. The Lords of the Committee in Obedience to your Majesty's said 

Order of Reference this day took the said Representation and Draught 
of a Commission into their consideration, and being of opinion that your 
Majesty's Right to the country between the River St. Croix, and the 
River Penobscot (the ancient Limits of the said Province) ought to be 
reserved in a more public manner than by an entry in the Council 
Books, do therefore propose that the following alteration should be 
made in the said Draught of a Commission for that purpose. Vizt 
After the appointment of Montagu Wilmot to be Captain General and 
Governor in Chief in and over the Province of Nova Scotia, the des- 
ci'iption of the Boundarys of the said Province to be left out, and the 
following words inserted in lieu thereof : " Which we have thought 
" proper to restrain and comprise within the following limits. Vizt 
" to the Northward, Our said Province shall be bounded by the South- 
"ern Boundary of Our Province of Quebec as far as the Western ex- 
STsamras fhose ^'"^ " tremity of the Bay des Chaleurs ; to the Eastward by the said Bay 
describedin Montagu " and the Gulf of St. Lawrence, to the Cape or Promontory called Cape 
Wilmot's Com. dated u Breton in the Island of that Name including that Island, the Island 
■' ■ " of St. Johns, and all other Islands within Six Leagues of the Coast ; 

" To the Southward by the Atlantic Ocean from the said Cape to Cape 
" Sable, including the Island of that name, and all other Islands with- 
" in forty Leagues of the Coast, with all the Rights, Members and Ap- 
" purtenances whatever thereunto belonging ; and to the westward 
" altho' Our said Province hath anciently extended, and doth of Right 
" extend as far as the River Pentagouet or Penobscot, it shall be 
" bounded by a line drawn from Cape Sable across the entrance 
" of the Bay of Fundy, to the mouth of the River St. Croix, 
" by the said River to its source, and by a line drawn due north from 
" thence to the Southern Boundary of Our Colony of Quebec." And 
their Lordships are further of opinion that it will be proper to make 
the following addition at the end of the Article empowering the said 
Governor to make Grants of Lands. • Vizt " Pi'ovided the same be 
" made comformable to the Instructions herewith delivered to you, or 
"to such other Instructions as may hereafter be sent to you under 
" Our Signet and Sign Manual, or by Our Order in Our Privy Council." 
The Lords of the Committee have therefore caused the said altera- 
tion and Addition to be made in the said Draught of a Commission 
accordingly, and do agree humbly to lay the same before your Majesty 
for your Royal Approbation. 

p. 117. AT THE COURT AT ST. JAMES'S, 

the 7th day of October, 1763. 
Present : 

The King's most Excellent Majesty, &c., &c. 

Commissions— YoT Upon reading this day at the Board a Report from the Right Hon- 

Ersfriorii^'weTt ourable the Lords of the Committee of Council for Plantation Affairs 

Florida, and the Gre- dated the 6th of this Instant humbly offering to His Majesty for His 

nadoes -Appd. Royal Approbation four Draughts of Commissions prepared by the 

Lords Commissioner for Trade and Plantations for the Honourable 

James Murray, Esq. to be Governor of Quebec, James Grant, ^sq. to 

be Governor of East Florida, George Johnstone, Esq. to be Governor 

of West Florida, and Robert Melvill, Esq. to be Governor of Grenada, 

Dominico, St. Vincent and Tobago. His Majesty taking the same 

into Consideration is pleased with the Advice of His Privy Council to 

approve of the said Draughts of Commissions (which are hereunto 



REPORT OF THE ARCHIVIST Ixxxi 

SESSIONAL PAPER No. 18 

annexed) and to order as it is hereby ordered that the Right Honour- 
able the Earl of Halifax, one of His Majesty's Principal Secretarys of 
State do cause Warrants to be prepared for His Majesty's Royal 
Signature in order to pass the said Commissions under the Great Seal 
of Great Britain, 
p. 118. Upon reading this day at the Board a Report from the Right Hon- 

Ifova Scotia— Com- ourable the Lords of the Committee of Council for Plantation Affairs, 
wis Jo^eGovIr'^ elated the 6th of this Instant humbly offering to His Majesty for His 
nor— Appd. Royal Approbation a Draught of a Commission prepared by the Lord's 

Commissioners for Trade and Plantations for Montagu Wilmot, Esq. 
to be Captain General and Governor in Chief of His Majesty's Pro- 
vince of Nova Scotia in America. His Majesty taking et'' ut Antea. 

4th November, 1763. 
Present : 
The King's most Excellent Majesty, cfec, <fcc. 

p. 134. Whereas there was this day read at the Board a Report of His 
6'cor^(«— Order ap- Majesty's Attorney General dated the 29th of last month together 
proving an Instru- ypith a Draught of an Instrument pi^epared by him revoking such part 
Southern Bound^ and so much of the Commission appointing James Wright, Esq. to be 
ary Line. Governor of the Province of Georgia bearing date the 4th day of May, 
TheCoran. to Wright \'jQ\^ which doth any way relate to or concern the Limits and Bounds 
rMay°176l'^is dated of the said Province, and appointing new * Bounds and Limits to the 
24 January, 1764. said Province whereby the Southern Boundary Line is extended to the 
Inlh^ C n of 24 ™^^* Southern Stream of a certain River called St. Mary. His Majesty 
Jany., 1764 quoting taking the same into Consideration, is pleased with the Advice of His 
that revoked, the Privy Council to approve of the said Draught of an Instrument (which 
Stkmed aTtte '' ^^ hereunto annexed) and to Order, as it is hereby Ordered, that the 
Southern boundary. Right Honourable the Earl of Halifax, One of His Majesty's Prin- 
cipal Secretarys of State do cause a Warrant to be prepared for His 
Majesty's Royal Signature in order to pass the said Instrument under 
the Great Seal of Great Britain. 
P- 139 Upon reading this day at the Board a Letter from Mr. Attorney 
4th Nov., 1763. General to the Right Honourable the Earl of Halifax, one of His 
r^Ttr^^ronX'^Att" Majesty's Principal Secretaries of State, praying- that an Addition 
Genl. for making an should be made to the Clause in the Commissions for the Governors of 
Addition to the Quebec, Grenada, East Florida and West Florida relative to the grant- 
Clause relative to • T „^Ac. 

Granting Lands. l^^g Lands— ^ ^ ^^. ^^ . . ^ -, .i. . .i • : t .. j 

Ref. to a Commee. It is Ordered by His Majesty in Council that the said Letter and 

addition (which are hereunto annexed) Be, and they are hereby Re- 
ferred to the Right Honourable the Lords of the Committee of Council 
for Plantation Affairs to consider the same and Report their opinion 
thereupon to His Majesty at this Board, 
p. 143. At the Council Chamber Whitehall the 11th day of November, 1763. 

By the Right Honourable the Lords of the Committee of Council 
for Plantation Affairs. 
Commissions. Your Majesty having been pleased by your Order in Council of the 

f^Tak"ng an addi- 4th Instant to referr unto this Committee a Letter from Mr. Attorney 
tion to the clause in General to the Right Honourable the Earl of Halifax one of Your 
theConimiconsfor Majesty's Principal Secretarys of State proposing that the following 
the Govrs. of Nova .,'',.,.'' , ^ , .■r' r^^ ■ Zv. r\ ■ ■ i i u 

Scotia, Quebec, East Addition may be made to the Clause in the Commissions (approved by 

Florida,West Florida Your Majesty in Council on the 7th of last month) for the Governors 
fa'tfvfto^he Grant-^' of Quebec, Grenada, East Florida, West Florida, and Nova Scotia 
ing Lands. relative to the Granting Lands. Vizt. : 

* The boundaries here described agree with those given in Wright's commission 
of 24 Jany., 1764. 
18— F* 



Ixxxii 



CANADIAN ARCHIVES 



5-6 EDWARD VII., A. 1906 

"Which Instructions, or any Articles contained therein, or any such 
" Order made in Our Privy Council, so far as the same shall relate to 
" the Granting of Lands, as aforesaid, shall from time to time, be 
" published in the Province, and entered of Record, in like manner as 
" the said Grants themselves are hereby directed to be entered." 

The Lords of the Committee in Obedience to Your Majestys said 
Order of Reference this day took the said Letter and addition into 
their Consideration, and being of opinion that the same is proper and 
necessary, do therefore agree humbly to Report, that it ma}^ be advise- 
able for Your Majesty to cause the said Addition to be inserted in all 
the aforementioned Commissions accordingly. 

p. 144. 11th November, 1763. 

Instructions — Com- 
mittee Report upon The Lords of the Committee, in obedience to Your Majesty's said 
Draughts of Instruc- Order of Reference, this day took the said Representation and 
nors of Quebec. East Draughts of Instructions in their consideration, and finding that the 
Florida, West Flor- said Draughts of General Instructions contain all those articles usually 
given to the Governors of Your Majesty's American Colonies and 
Islands respectively, which are necessary for, and applicable to these 
New Governments, together with such others as appear to tend to pro- 
mote the Settlement and Improvement of them, and that the Draughts 
of Instructions for the observance of the Acts of Parliament for the en- 
couiagement and Regulation of Trade and Navigation are exactly 
conformable to the Instructions given to the Governors of Your 
Majesty's other American Colonies and Plantations — Their Lordships 
do therefore agree humbly to lay the said Draughts of Instructions 
before Your Majesty for Your Royal approbation. 



ida and the Gren- 
adas. 



p. 147. 



AT THE COURT AT ST. JAMES'S. 



Uth day of Novembr. 1763. 



Present : 



Commissions — Order 
for making an addi- 
tion to the Clause in 
the new Govrs 
Comniicons relative 
to the Granting 
Lands App'd. 



The King's Most Excellent Majesty, itc, &c. 

Upon reading at the Board a Report from the Right Honourable, 
the Lords of the Committee of Council for Plantation Affairs dated 
the 11th of this Instant upon (148) considering a Letter from Mr. 
Attorney General to the Right Honourable the Earl of Halifax one of 
His Majesty's Principal Secretaries of State, proposing that the follow- 
ing Addition may be made to the Clause in the Commissions (approved 
by His Majesty in Council on the 7th of last month) for the Gover- 
nors of Quebec, Grenada, East Florida, West Florida and Nova Scotia 
relative to the granting Lands, vizt.: 

" Which Instructions, or any Articles, &c. 

And the Lords of the Committee being of opinion that the said 
Addition is proper and necessary to be made in the said Commissions, 
His Majesty this day took the same into Consideration, and was 
pleased with the advice of his Privy Council to approve thereof and to 
order as is it hereby ordered, that the Right Honourable the Earl of 
Halifax one of His Majesty's Principal Secretarys of State, do cause 
the said Addition to be inserted in all the aforementioned Commis- 
sions accordingly. 

(From the Public Record Office, London.) 



REPORT OF THE ARCHIVIST Ixxxiii 

SESSIONAL PAPER No. 18 

Since the publications of the earlier instructions to Governors in last year's report, 
there has been a public demand made in the press for copies of the whole series of 
Instructions to the date of Confederation. A second part is thei'efore published this 
year from the text of the original documents recently acquired by the Archives Branch. 

The Journal and Census of He Royale, made by the Sieur La Roque in 1752, and 
the small plan accompanying it, are of special interest to the Maritime Provinces. To 
this is added the .Journal of Le Forniidahle and the Journal of L' Inflexible in 1757, for 
"which the Department is indebted to M. de la Rogerie, of Quimper. 

The Imperial Orders in Council, and the documents concerning the distribution of 
•lands in Piince Edward Island, here printed, are from the original papers transferred to 
the Archives Branch by Lord Minto. They are of considerable importance for the early 
history of the Island^ and I believe it would be advisable to make further selections. 
At the present time there are numerous enquiries for a plan of Toronto showing the 
position of the fortifications. The facsimile of the original plan of York in 1823, pre- 
pared for this volume, will no doubt serve a useful purpose. 

Through the kind offices of M. de la Rogerie and of M. Rene de Kerallain, we have 
been furnished with copies of an interesting series of letters of M. Dumas and the Mar- 
quis de Vaudreuil, i-elating to events immediately preceding the operations of Levis and 
Murray in 1760. A facsimile of the original plan of the battle of Ste. Foy, signed by 
the chief engineer of the British Army in the Campaign of 1759-60, has been prepared 
to follow the letters. 

The summary of French documents, printed in the present volume, has been 
arranged from the notes received from the family of the late M. Richard. This com- 
pletes the work undertaken by M. Richard in Paris. It should be observed that the 
documents included in this summary, and in that of last year, have not yet been trans- 
cribed ; and owing to the accumulation of material in France it will be many years 
before the work is complete. If the appropriation for copying is increased, Mr. Tantet 
will be authorized to employ more copyists. Since this report was written I have 
received a copy of the genealogy of the families of Beauce, and it is therefore included 
in this volume. 

As a part of the report for this year, I have printed a collection of pre-Cartier 
documents discovered by Mr. Biggar, before his connection with this Department. These 
will prove of special interest to scholars engaged in the history of the early voyages to 
our shores. 

The Archives Branch has profited by the excellent work of Mr. Biggar, both in 
connection with research, in the examination of family papers to which we have directed 
his attention, and in the supervision of the transcripts made in the Public Record office, 
in the General Post Office and in the head office of the Hudson's Bay Company. 

For the last ten years Mr. Biggar has been engaged in independent research in the 
Archives of France, of Italy and of Spain ; he has become thoroughly familiar with the 
methods employed in different countries, and he has a personal acquaintance with the 
custodians of the records in most instances. Few men are better qualified for the 
requirements of the service than he, either as a scholar or as a linguist. 

With the hearty cooperation of scholars interested in the advancement of historical 
science, work abroad is much easier than formerly, and with the assistance of Mr. Tantet, 
no other appointment in Europe is necessary or desirable, at the moment. Our most 
pressing need is in connection with the copying of documents which are constantly 
brought to light. 

18-Fl 



Ixxxiv CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

If effect is given to the plan which I have suggested, of searching for documents in 
the hands of the descendants of prominent officials connected with the early history of 
Canada, I think it would be advisable to entrust the work to Mr. Biggar. 

Amongst the original papers transferred to the Archives branch by His Excellency 
the Governor General, in October, 1904, there is a series of despatches, orders in council, 
and letters concerning Prince Edward Island, British Columbia and Manitoba, besides 
the Upper and Lower Canada papers, of which we had already copies. As soon as the 
recoi'ds can be examined after their removal to the new building a complete catalogue 
will be prepared. In the meantime a list of the volumes is given. 

ORIGINAL PAPERS TRANSFERRED TO THE ARCHIVES BRANCH BY HIS EXCEL- 
LENCY THE GOVERNOR GENERAL. 

Years. Vols . 
Despatches from the Colonial Secretary to Governors of Lower 

Canada 1805-41 39 

Despatches ordering grants of lands 1 

Colonial Secretary to Lt. Governor Upper Canada 1796-1812 4 

do do do 1816-1841 29 

Lieutenant Governor of Upper Canada to Colonial Secretary 1838-41 5 

Colonial Secretary to Governor General 1841-67 53 

Governors to Colonial Secretary (Drafts) , 1841-67 24 

Lieutenant Governor of Upper Canada to British Minister at Wash- 
ington .. . 1839-41 11 

Governor of Lower Canada to British Minister at Washington 1825-30 1 

Despatches from British Minister at Washington to Governor of Lower 

Canada. 1799-1807 12 

Various drafts and letters 1 

Correspondence relating to Emigration 1840-44 2 

English Parliamentary papers 3 

Craig's letter-book , 1807-1 1 1 

Commander of the Forces to Governor General 1839-42 1 

Drafts of letters from Governor General ... 1841-43 1 

Upper and Lower Canada. Appointments , 1 

Upper Canada. Treasury Book , . . . 1813-34 1 

Addresses to Governor Thomp.son 1839-40 1 

Copies of documents relating to Nova Scotia, New Brunswick, Upper 

Canada, &c 1821 1 

Board of Surveys. P. of Q. Letter-book 1788-1791 1 

Governors Provincial. Letter-book 1839-44 1 

Gov. Provost's Letter-book 1811-16 1 

Governors of Lower Canada. Letter-book 1818-25 1 

Canada. Blue Book 1842 1 

Thomas Dunn. Proclamations, warrants, ikc 1805 6-7-11 1 

Sundry documents r852-61 1 

Chief Secretary's Letter-book 1841-42 2 

Lt. Governor of New Brunswick to Governor Genei'al. Correspondence 

relating to Boundaries 1839-42 3 

Despatches to Lieutenant Governors from the Governor General 1839-42 1 

Military Secretary. Letter-book 1842-45 3 

Governor's Secretary. Drafts and Letters , 1841-43 4 

Private Secretaxy. Letter-book 1844-54 3 

Secretary to Lt. Governor of Upper Canada. Letter-book 1837-38 2 

Lieutenant Governors. Letter-book 1837-39 1 

Sundry Correspondence 1840-58 1 

Drafts of sundry despatches, letters, etc 1807-40 1 



REPORT OF THE ARCHIVIST 



Ixxxv 



SESSIONAL PAPER No. 18 

Years. Vols. 
Instructions to Governors of Lower and UpfJer Canada and the Prov- 
ince of Canada '. . . . 1 

Abstracts of despatches to and from the Colonial Secretary, lists, kc . . 7 

Registers of despatches, etc 4 

Indices .... 6 

Despatches to Colonial Secretary from the Governors of Lower Canada 1819-41 17 

Despatches from the Colonial Secretary to the Governors of Lower Canada 1815-16 1 

do do do do .. 1818-32 5 

do do do do ., 1835-41 8 

Despatches to the Colonial Secretary from the Lieutenant Governors of 

Upper Canada .^ 1810-21 6 

do do do do .. 1824-37 15 
do do do do .. 1837-41 6 
Despatches from Lieut. Governor of Upper Canada to Colonial Secre- 
tary 1838-39 1 

Union. 
Copies of Secret despatches from the Governor General to Colonial Sec- 
retary 1839-42 1 

Copies from Governor General to Colonial Secretary 1841-42 3 

do do Confidential 1842-43 1 

do do 1843-51 3 

do do 1857-61 1 

Copies from the Colonial Secretary to Governor General 1841-47 7 

do do do 18.50-58 2 

Lieut. Governors of L'pper Canada to Governors General 1818-41 5 

.Sew Brunswick. 

Lieut. Governor to Governor General , 1839-42 4 

do do 1847 1 

Prince Edward Island. 

Copies of Despatches from Lt.* Governor to Colonial Secretary 1813-59 10 

do do do 1859-68 2 

do do do 1873 1 

Registers of Despatches to Col. Secretary 1851-73 4 

Despatches from Colonial Secretary '. 1868 1 

Acknowledgment of Despatches received 1868-73 1 

Imperial Orders in Council relating to Prince Edward Island. ....... 1783-1867 2 

Letters from Governor of Newfoundland to Lieutenant Governor of 

Prince Edwai'd Island 1 858-67 ") 

British Minister at Washington to Lieutenant Governor of Prince > 1 

Edward Island 1860-66 ) 

Cori-espondence relating to the Army and Navy 1860-68 1 

Letters of Lieutenant Governors of Nova Scotia and New Brunswick to 

the Lieutenant Governor of Prince Edward Island 1859-67 1 

Despatches of Governor General to Lieutenant Governor of Prince 

Edward Island 1859-67 1 

Colonial Secretary to Lieutenant Governor of Prince Edward Island. . 1869-73 7 
Despatches from Col. Secretarv to Lt. Governor of Prince Edward 

Island. ..-. '. 1772-1867 36 

Red River Disturbances 2 

Copies of Despatches of Lieutenant Governors of U.C. to the Governors 1818-41 5 

British Columbia. 

Copies of Despatches of Governors to Colonial Secretary 1858-71 6 

Col. Secretary to Governor of British Columbia 1858-71 1 1 



Ixxxvi CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

Vancouver. 

Years. Vols. 
Colonial Secretary to Governor of Vancouver 1849-67 4 



Total 420 

Last year, at your request, the Archives Branch assumed, in a measure, the direction 
of the work in connection with Acadian Genealogies, which for a long time past has been 
conducted by Mr. Placide Gaudet. The ultimate object of gathering this information, I 
belie vef is for the publication of a genealogical dictionary. So far as I can ascertain, 
however, it will be impossible to prepare even a reasonably complete dictionary in 
alphabetical order, for many years. Our research in Europe and the United States 
during the last twelve months has brought to light a number of registers which are 
indispensable to Mr. Gaudet ; but there are a great many gaps to be filled before any 
final arrangement can be made. 

It would appear that a systematic search should be instituted in several districts in 
the United States, especially in the State of Louisiana, where much information is to be 
gleaned. For the present volume Mr. Gaudet has prepared the genealogies of three 
Acadian families, and it is his desire to supplement his work each year by the publica- 
tion of the genealogies of other families, as they may be completed. If the work is 
finally to assume the form of an alphabetical dictionary, the matter now printed, and 
the annual additions, would have to be reset for the complete work. 

Owing to the publication of this additional matter and the variety of the information, 
I have found it more convenient to issue the report in three parts. I have no desire to 
establish a precedent for the annual publication of three \olumes ; but owing to the fact 
that in the year 1902 and also in 1903 the report of the department was limited to a 
list of books and pamphlets, it was necessary to increase the size this year to maintain 
the average of the series. 

The three volumes of the report for this year are presented to the House in English, 
and consequently at least a year will elapse before they can be published in French. 
Last year, as there was only one volume, it w^as published first in French and the 
English version was issued six months later. I think therefore in the interest 
of our students both French and English that it would be advisable to present the 
report alternately in French and in English, so that there would be no cause for com- 
plaint on the part of those who are only familiar with one language. 

If the plan that I have suggested is carried out, the report of next year will include 
a selection of the Selkirk, Durham, and Bagot papei's — These are exceedingly instructive, 
and I believe it would prove more useful and economical to print the full text of the 
documents, than to publish a summary of them. 

In the new Archives Building ample space is provided for conveniently arranging 
the collections of papers that are at present deposited in numerous buildings in the city. 

The task of classifying so large a mass of records cannot be accomplished within a 
reasonable time without a temporary increase of our staff. As there is a demand for a 
number of records which are at the moment inaccessible, I beg to suggest that a staff be 
engaged sufficient to establish order as early as possible. 



REPORT Of THE ARCHIVIST Ixxxvii 

SESSIONAL PAPER No. 18 

Numerous persons interested in research, particularly students and teachers, have 
expressed regret that they are debarred from access to the archives on account of their 
occupation, which does not permit them to visit the building during the usual office 
hours. I therefore think that a useful purpose would be' served if the office were open 
until eight or nine o'clock at least one evening in the week during the winter months. 

Considerable progress has been made with the card index of the volumes on our 
shelves, and a complete catalogue has been prepared of all the printed books which now 
form a valuable collection of historical works. 

Documents are now being copied in New Orleans under the direction of Mr. William 
Beer, of the Howard Memorial, to whom the department is particularly indebted for the 
facilities he offered to me in the course of my investigations. Arrangements have been 
made whereby copies of all Canadian documents found in the Mexican Archives will be 
calendared for our use, but it will be some time before a complete report can be made 
of these archives, in so far as they concern Canada, or of the other voluminous collections 
in the South. In the meantime I desire -to acknowledge the services rendered to the 
Department by the Hon. Justice Breaux, of the Supi'eme Court of Louisiana, Judge 
Douglas of St. Louis, Principal James, and Professor Alvord of the University of Illinois, 
Professor Fortier and the Members of the Louisiana Historical Society, the Council of 
the Chicago Historical Society, and the Librarian, Miss Mclllvaine, for the resolution 
passed by the Society authorizing the preparation of the calendar here printed ; to Mr. 
C. M. Burton, for the many occasions on which he has permitted his collection to be 
examined on our behalf, and to Professor Jameson, Professor Justin Smith and Professor 
Garrison. 

I also desire to acknowledge the generous aid which has been given to the archives 
by the Government, and to express my thanks to the Deputy Minister and the officers 
of the Department, as well as to the members of the staff for their hearty cooperation in 
the work which is being carried out by this Branch. 

Last year I made a suggestion regarding the publication of a documentary history 
of Canada and as the suggestion has met with the approval of a large number of 
students, I reprint a passage from my report of 1904. 

" There are many students in each Province of the Dominion who are engaged in 
" independent research ; men who have kept in touch more or less with the work done 
" by my predecessor, and by others in a smaller way. Each must have felt the need of 
''a national history, based upon the most ample documentary evidence. The inaugur- 
" ation of a work of this nature by the Universities, with the co-operation of the 
" Government, might possibly commend itself as a fitting movement to mark the passing 
"in 1908, of the third century of the birth of Canada, What we need at present are 
" facilities which will permit the location and collection of documents now scattered 
"throughout the Dominion and in foreign lands. These records would enable the 
" student to prepare exhaustive monographs ; and when we have gathered the stones 
" Canada will not be wanting in master craftsmen capable of hewing them into shape 
" and of giving them artistic form — of converting them into a history worthy of the 
" Canadian people and of their splendid heritage." 

There are several questions affecting the archives, which require a larger experience 
than I possess. It appears to me that legislation is necessary in some instances, or that 
regulations should be in force concerning the care and custody of collections of papers. 
So far as f have been able to ascertain there is no provision made for the transference 



Ixxxviii CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

of records of the Crown to a central place of deposit, when .such records are no longer 
in current use. The disposal by individuals of records that may be of service to the 
country ; the necessity of custodians of papers reporting to the Government when their 
buildings do not afford suitable protection ; the selection of documents for publication ; 
questions of translation ; the purchase of documents ; the co-operation of institutions 
engaged in research in other countries and the distribution of information, are matters 
which I think might be entrusted to an honorary advisory board, having the functions 
of an Historical Manuscripts Commission. 

I have given some thought to this subject, and I have taken the advice of several 
eminent men interested in the intellectual development of Canada ; but at the present I 
merely offer the suggestion with the hope that it may be of service to my successor, as I 
have already expressed the desire that my active connection with the Archives Branch 
may terminate on the presentation of this report. 

I have the honour to be, Sir, 

Your obedient servant, 

THE DOMINION ARCHIVIST AND 

KEEPER OF THE RECORDS. 

Ottawa, June 22nd, 1906. 



5-6 EDWARD Vil. 



SESSIONAL PAPER No. 18 



A. 1906 



INDEX 

TO THE REPORT OF THE ARCHIVIST. 



Abbot, James, pajjers of, xxv. 
Acadia, unsatisfactory history of, viii. 

extent of, under De Monts, viii. 
Acadian genealogy, publication of, Ixxxvi. 
Adair, William, Ixxv. 

Akins, Thomas B., his work in Nova Scotia, ix. 
Aigremont, M. d'. Referred to Ixxiv. 
Aillebout, see D'Aillebout. 
Alan, Michel. Deed of land, xxxvii. 
Albanel, Chas. S. J. Receipt by, xxxiv. 
Alexander, Sir William, grants to, in Nova Scotia, 

viii. 
Allier, Sr. Jacques, ap[>ointed Judge iu Ka- 

mouraska and Berthier, Ixxvi. 
AUones, Mile d'., re sale of land, xxxvi. 
Allones, Mile Madeleine de Roybon d'. Petition, 

xxxviii ; letter to, from Joseph Michaud, Ixiii ; 

letter to Intendant Randot, claiming conn)ensa- 

tion, Ixiii. 
Allouez, R. P. Claude, S.J., lii. ; power of attor- 
ney, xxxiii ; Document, xxxiii. lii. 
Alvord, Professor, his remarks on the Kaskaskia 

records, quoted, xvii ; services acknowledged, 

Ixxxvi i. 
Amherst, Major General, Jeffrey. Col. 60' Royal 

Americans, xlv. 
Amiot, Charles. Authorized to Act, xxxvi. 
Amariton, Frs. Agreement, xxxix. 
Amours, d', Iviii. 
Annapolis, papers referring to, ix. 
Anne of Austria, regency of, viii. 
Archambault, A, assistant. Archives Branch, iii. 
Archives Branch, principal work of, vii ; insutii- 

cient staff of, Ixxxvi ; legislation considered 

desirable in connection with, Ixxvii ; suggestions 

made that office should remain open during 

winter evenings, Ixxxvii. 
Archives, necessity of extensive investigation, xiii. 
Archives of foreign countries, only partly examined 

for Canadian records, xiii. 
Archives of the Province of Quebec, examination 

of, vii. 
Archives of the United States, reference to, vii. 
Archives building, the, Ixxxvi. 
Archives Report, increase in size of, Ixxxvi. 
Argenteuil, M. d'. Deed of payment, xxv. 
Argenteuil, M. d', Iviii. 
Arnaud, Bertrand. Receipt, xxxvi. 
Askin, Chas., letter re 10 Mile Creek, xxxi. 
Askin, Chas., re Captain of Royal George, xxxi. 
Askin, Charles. Letter from, re General Brock, 

xlix. 
Askin, Charles, refers to engagement of 6th June, 

xxxi. 
Askin, John, jr. xxx. 
Askin, John, jr., letter from, re taking of Michili- 

niackinac, xlix. 
Askin, letter re British losses, xxxii. 
Askin, J., jr. Serving in British army, xxx. 
Askin, .John, of Sandwich township^ xxv. 
Askin Papers, the, xxiv. 

Askin, letters to the Meredith family, xxviii. 
Atkins, Henry, paymaster, warrant from Edward, 

Duke of York, xlvi. 
Audet, F. J. Assistant, Archives Branch, iii. 
Auge, ditLajeunesse, Francois. Agreement, xxxix. 
Autray, Sr. d'. Mentioned' by La Salle, Ix. 



Baby, Lieut. Col., request for Militia returns, xxix. 

Baby, Sr. D. xxvii. 

Bagot Pafx-rs, the, Ixxxi. 

Bain, Dr. .James, hi^- assistance to the Archives 

Branch, xiii. 
Baribeau, M., xliii. 
Barbier, Marie le. Iviii. 
Barbier, dit Minime, Gilbert, lii. 
Bagv'. le Chevalier de, Ixi. 
Bauger, Guillaume dit Morency, liii. 
Beaubien, .Jos., return of his regiment, xxix. 
Beauce, genealogy of, Ixxxiii. 

Beauchamp, Sr. Jean. Deed of Partnership, xxxviii. 
Beaudry, Toussaint. Deed of partnership, xxxiv. 
Beaudry, L. Engagement, xxxiii. 
Beauharnois, M. le Marquis de, letter by, xl. 
Beauliarnois, Charles de, ordinance of, xli. 
Beauharnois, Fran9ois Chev. de. Permit given by, 

x!^x viii ; Ordinance re Sr. Hertel de St. rran9ois, 

Ixx. 
Beauharnois & Hocquart, deed signed by, xxvii ; 

deed in favour of Gamelin xxx; re the chief 

Quiala, Ixix. 
Beaujeu, M. de, xliii. 
Beausoleil, A., letter to, xxix. 
Beauvais, Sr. Trading agreement, xxxvii. 
Beaucour, Sr. J., deed re Post of Miamis, xliv. 
Becancourt,M. de. obligation to MM. d' Argenteuil, 

& Coulonges, Iviii ; Deed of payment, xxxv. 
Beer, M. W. Services of, Ixxxvi. 
Begin, Mgr., Archbishop of Quebec, vii. 
Belestre, Piquote de. Letter of, xl. 
Belmont, Frs., deP. S. S. Grant of road allowance 

xxxvii. 
Benoist Chs., et St. Desiez, (?) Ixix. • 

Bertie Chevalier de. re partnership, xliii. 
Beschefer, Thierry, S. J. Receipt, xxxvi. 
Bibeau, rran9ois. Engagement, xxxiii. 
Biddle, Col. of Philadelphia, xlv. 
Bienville, Sr. J. B. de, power of attorney to Sr. 

Raguet, Ixviii. 
Biggar, Mr. H. P., his work for the Canadian 

Archives, xiv ; Ixxxiii : Ixxxvi. 
Bigot, Jacques, S. J. Marriage contract signed 

by, xxxviii. 
Bird, Capt. H., deed in favour of, xxvii, xlviii. 
Biron, Henri, re claim, xxxix. 
Biron, Sr. Pierre. Trading partnership, xxxviii 
Bissot, Charles. Contract and agreement, xxxvii. 
Bissot, Louise, Ixii. 
Bissot, Sr. Heirs of, xxxv. 
Blackwood, Thos., xxx. 
Blainville, M. de. letter from abbe Tronson, xiv ; 

letter from Frontenac, Ixiv. 
Blanchard, Jos., xxix. ..... 

Blondeau, Maurice. Contract to trade, xxxvn, Ixii. 

Bloomfield, Gen., xlvi. 

Bobe, M. de. Letters of, xxxv. 

Bobineau, Rene. li. 

Boisbriant, Pierre Dugue, Sr. de. Contract, xxxix. 

Boisbryant, Sr. Duguay de. Deed of sale, xxxvi. 

Boisrondet, Frs. de, deportation of, xxxvi. 

Boibseau, Nicolas, Ixix. 

Boisquillot, Francois de. Trading agreement, 



INDEX 



Bonat, Sr. Franjois-Marie. Deed of partner- 
ship, xxxviii. 

Bossu, Nicolas, le, engagement of xxxiv. 

Bouchard, Etienne. Deed of, xxxv. 

Bouchard, Paul. Eng^agement, xxxv. 

Boucher, Sieur Pierre. Power of attorney in favour 
of. Hi ; Petition, li. 

Boucher, Pierre, Sieur de Grosbois, exonerating, 
Sr. le Verrier for the death of his son, Ixiv ; 
Power of attorney; loan of money, xxxiii. 

Boucher, Benoist, liii. Hi. 

Boucherville, Sr. de, founder of the family, Hi. 

Boulogne, I arbe de, veuve de feu Ls. D'Ailleboust, 
Gouverneur du Canada, Hii ; deed of agree- 
ment, xxxiv. 

Bourassa, M., xliii. 

Bourdon, Jacques, Sieur d'Autray, Iviii ; deed by, 
xxxv. 

Bourgmont, Sr. de. Instructions to, xxxix ; voyage 
on Mississippi, xl. 

Boutet, B., assistant Archives Branch, iii. 

Boutin, Jean, deed of land, xxxiv. 

Bransatt, Jean, Bte. Migeon de, re lease, xxxvii. 

Brant, Joseph (Thayandenega), autograph let- 
ter, xlvi. 

Breaux, Hon. Chief Justice, services of, Ixxxvii. 

Brock, General, Capitulation of Detroit, Ixxvii ; 
his death, xlix. 

Brisbois, J. B., deed in favour of, xxvii. 

Brossart, E., contract, xxxiv. 

Brouat, Abraham, receipt, xxxv. 

Buache, de. Geographer, xlv ; journal of, xliii, xliv. 

Buisson, M.. priest, Ixvi. 

Buleau, Pierre, trading agreement, xxxviii. 

Burke, Ed., V. G., regarding the seat of governor 
in churches, xxviii. 

Burton, C. M., summary of the Canadian papers, 
of, xxix ; services acknowledged, Ixxxvii. 

Cadillac, Lamothe, approved of, xxxviii ; referred 
to, xxxiv. 

Cadillac papers, the, xxiv. 

Cahokia, records of, xvii. 

Callieres, M. de, mentioned, Ixiii. 

Campot, Frs., Ixxiv. 

Canada, archives in the hands of descendants of 
• prominent families connected with, xiv. 

Canadian Archives, an extensive scheme for the 
collection of, worthy the consideration of the 
Government, xiv. 

Canadian history, students of, at a disadvantage 
when compared with students of other coun- 
tries, xiv. 

Cape Breton, papers referring to, x ; separate gov't, 
of, viii. 

Cardinal, Jacques. Agreement, xxxvi. 

Card Index, the, for Archives, Ixxxvii. 

Carletou, Hon. Guy, permit for Rev. Pierre 
Gibault, Ixxvi ; Order for issuing stores to the 
Indians of Lorette, Ixxvii, xlv ; Permit to Pierre 
Gibault to go to the North-west, xlv. 

Caron, Claude. Partnership agreement, xxxix. 

Carpentier, Martin. Engagement, xxxiv. 

Casey, Miss M., assistant Archives Branch, iii. 

Caskaskia papers, list of, xxi 

Catholic Church in the United States, the manu- 
script, by Rev. J. Dilhet, xxvi. 

Cavelier (?), Hi. 

Cazeau, Benj. Contract, xxxiii. 

Chagouamigon. Post of, xxxix. 

Chambly, Sr. Trading agreement, xxxix. 

Champigny, Bochart, Ixvi. Letter to Pontchartrain, 
Ixvi ; order for Macons to return to Michilimac- 
kinac, Ixiv ; fragment of letter, xxxvi ; letter, 
xxxviii. 

Chaouenons, "les deux," mentioned by La Salle, Ix 

Chappeau. See Chapput. 

Chappeau, Louis, Ixix ; sale of slave by, xl. 

Chapput, Nicolas. Sale of land, xxxvi. 



5-6 EDWARD VII., A. 1906- 

Chartier, Pierre. Tiading agreement, xxxvi. 

Chartres, Fort de. Parish records of, xlv. 

Charles the Second, viii. 

Charnisay, d'Aunay, his relations with LaTour, 
viii. 

Chatham papers, the— to be examined for Canadian 
Archives, xiv. 

Chauvin, Charles, xxix. 

Chesne, Fran9ois. Deed of partnership, xxxviii. 

Chesne, Pierre. Deed of partnership, xxxviii. 

Chesne, Toussaint, xxix. 

Chicago Historical Society ; resolution passed by 
council of, xxxii. 

Chippewas, their behaviour at taking of Michili- 
mackinac, xlix. 

Cholenez, Pierre, S. J. re property, xxxvii. 

Chomedy, Paul de^ Sieur de Maisonneuve, liii. 
Contract xxxiv, li. 

Chouart, Medard, Seigneur de Groselliers, Hi ; dis- 
chai'ge in favour of Grevier, xxxiii. 

Church of the Assumption, records of, xxiv. 

Clark, Gen. G. R., autograph letter, xlv. 

Clignancourt, Sr. de, Ixxi. 

Closse, L., li. 

Colbert. Iv-vi. 

Collard, Francois, liii. 

Collart, Laurent Philippe Fran9ois, Hi. 

Compagnie de la Hollande. Soldiers for, xxxiii. 

Compagniede la Nouvelle France, referred to, xlviii. 

Compagnie des Sioux. Letters patent, Ixxii. 

Conde, Prince de. Letter, xxxiii. 

Constitutional History of Canada, publication of 
documents relating to, by the Archives branch, 
xvi. 

Corneiller, Pierre, practicien, Ixii. 

Cornwall, R., deed in favour of, xxvii. 

Cornwall, grant of land in, to A. Wilkinson, xlvii, 

Coste, Jean, Iviii. 

Coste, Sieur Fran9ois. Invoice, xxxvi. 

C6te St. Lambert. Grant of road allowance, xxxvii. 

Coutteau, J. Bte. Deed of acknowledgement, 
xxxviii. 

Couagne, Charles, de, Ixv. 

Couagne, Rene de. Attorney, xxxix. 

Couillard, (4uillaume. Petition, xxxiii. 

Couillard, Guillaume, his petition, 1. 

Coulon, Louis, Sr. de Villiers, xliii. 

Courcelles, Remie de. (irant of land, xxxiv. 

Courier, Sieur, appointed equerry to Marie- Antoi- 
nette, xlv. 

Coulon de Villiers. See " Villiers." 

Coulonges, M., Iviii. 

Courtemanche, Sr. de. Deed by, xxxvH. 

Couture, J. B. xxvii. 

Couture, Marguerite. Marriage contract, xxv, 
Iviii. 

Couture, Guillamne, Iviii. 

Cowan, .Tas., letter of, xlvii. 

Cowan, George, letter from Michilimackinac, xlv. 

Cowan M. letter to, xlvi. 

Cramahe, H. P., signs permit for Rev. Pierre 
Gibault, Ixxvii. 

Crevier, Jeanne, wife of Pierre Boucher, Ixiv. 

Crogham, George, letter to, xlv. 

Cromwell, the Protector. Nova Scotia held by, viii. 

Cuillerier, Rene, re account, xxxvi. 

Cusson, Jean. Document, xxxiii. 

Dablon, Claude, R. P., S. J. Sale of land, Iv ; rati- 
fication of grant, xxxiv. 

D'Ailleboust, Barbe de Boulogne, contrac-t, xxxiv ; 
Charles. Sieur de Musseaux, Hi ; deeds of agree- 
ment, xxxiv ; agreements, liii ; deed of agree- 
ment, xxxiv ; contract, xxxiv. 

D'Ailleboust, Ls de Coulonges, contract, xxxiv ; 
ratification of grant, xxxiv ; estate of, xxxiv ; re 
grant, xxxiv. 

Daly, Wm., contract with Askin, xxx. 

Danglade, M. xliii. 



INDEX 



SESSIONAL PAPER No. 18 

D'AubiTville, M. xliv. 

Dearborn, Major General Henry, " The Dearbcjrn 

papers." xlvi. 
De Farchy, M, xliv. 
Decletny, Power of attorney, xxxiii. 
Declemy, servant to de la Roche, 1. 
De la Roche, Sieur Marquis, Power of Attorney 

xxxiii. 
Denonville, Rene de Britsay, Marquis de, Certi- 
ficate by, XXX vi. , 
Des Mergouets, Troilus, Sieur de Kermolec, 1. 
Des Rivieres, signature to document, Ixxii. 
De Rouville, Sr. power of attorney. 
De Richerville, Louis D, xliii. 
Desehaillons, Sr. Deed of partnership, xl. 
Deschambault, Sr. Joseph Fkury. order to collect 

account, xliv. 
Desjardins, J. B. Receipt, xl. 
Despatches transferred from the Governor General, 

Ixxxiv. 
Desportes, Helene, remarried toNoelMorin, xxxiii. 
De.sroches, Jean, Deed of partnership, xxxiv. 
Desroussons, Francois, Receipt in favor of, xliii. 
Desruisseaux, Jos., Deed of partnership, xxxviii. 
Desruisseaux Fr. notary, acts of, xxviii. 
Detroit, Articles of Capitulation of, Ixxvii. 
Documentary History of Canada, suggestions made 

for publication of, Ixxxvii. 
Dodd, Chief Justice, papers of, xi. 
Dollier, ■ Frs. P. S. S., Ixvi ; recommendation of, 

xxxvii. 
Dominion Archivist, his share in the preparation 

of the third volume of the archives report, Ivii. 
Doughty, A. G. archives Branch, iii. 
Douglas, Judge, services of, Ixxxvii. 
Doyon, Xicolas,^lix. 
Dorville, Sr. appointment of, xliv. 
Drouillard, N., xxix. 
Drouillard, Pierre. See Giroflee. 
Drummond, Gordon, Lieut. Gov., xlvii. 
Dubois, Alexis, xxix. 
Dubois, Andre, Deed to, xxxiv. 
Dubreuil, Frs, contract between him and Louis 

Coulon, Sr. de Villiers, xliii. 
Dubuisson, Sr. certificate m favour of Sr. Jacques 

H. Lacroix, Ixviii ; document, xxxiii. 
Duchesnay, Sr. Juchereau, Ixxii. 
Du Chesnay, Sr., appointment as Councillor, xliii. 
Duchesnay Sr. Antoine J. xliii. 
Duchesnau, Jacques, letter to, xxxv ; Intendant, 

Iviii. 
Duff. A. assistant Archives Branch, iii. 
Dufour, .Tos. Ixxvi. 
Dufresne, Sr. Witness, xxxiv. 
Du Jaunoy R.P. xliii. 
Dulhut, re trade, xxv. 

Dumas, corresiX)ndence with Vaudreuil, Ixxxiii. 
Dumay, Felix. Witness, xxxiv. 
Dumay, Pierre, Ixxiv. 
Dumont, Sr. Etienne, xliii. 
Dupre, George, Ixxiv. 
Dupuy, Nicolas. Engagement, xxxiii. 
Dupuis. Authority to, xxxiii. 
Duquet, Pierre, notary, Ivii. 
Duquesne, M. Commission in favour of the Sr. 

Louis Hertel, Ixxiv. 
Durham Papers, the, xiv, jxxxvi. 
Durham, Lord, private records of, xiv. 
Du Tisne, Contract, xli. 
Emmons, H. H., papers of. xxv. 
England, Lt..Col. xxviii. 
Eu, le Pereid'. Reference to, xl, 
Esmault (?) Dame, Iviii. 
Faber, Sieur du Plessis. Acknowledgment of debt, 

xl. 
Fafard, dit Macon Jean. Trading agreement, 

xxxvi. 



Feyere, Sr. Deed of partnership, xxxviii. 

Ferdinand and Isabella, document signed by, xxxii. 

Fifth Regiment of foot, desertion of soldiers from, 
xxviii. 

Filiatrault, Jean, lix. 

Fisher, Hon. S. A., M. P., Minister of Agricul- 
ture, iii. 

Firmin, Marie. Authority to, xxxiii. 

Flaucourt, De la Loeve. re partnership, xlii. 

Fleury, Charles. Letters of, xli ; services of, Ixx. 

Fort Blanc. See Martinette. 

Fort de Chartres. Records of, xviii. 

Foreign Archives. Suggestions regarding methods 
of transcription, xv. 

Fortier, Professor. Services acknowledged, Ixxxvii. 

Fort Niagara. Bombardment of, xxxi. 

Fortville, Pierre. Order to pay, xli. 

Fouilleuse, Dame Lucille de, liv. 

Fourcade, Sr. Account of voyage bj-, xxxix. 

Fox Indians. War against, xxxviii. 

Francis, I., document signed by, xxxii. 

Fremin, .lacques, S. .J. Grant of land, xxxv. 

Fredericton. Archives of, xi. 

French Archives. Necessity for increased expendi- 
ture in connection with, xvi. 

French Catholics. Registers of, xxiv. 

Frontenac & Champigny, permit in favour of La 
Durantaye, signed by, Ixv. 

Frontenac, Louis de Buade, Comte de, letter to de 
Blajnville, allowing Macons to return to Michi- 
limackinac, Ixiv ; contract of marriage, Ivii ; 
permits granted by, xxxvi ; contract, witnessed 
by, xxxv ; re grant, xxxiv ; grant to, xxxiv. 

Fur trade. Correspondence relating to, xxv. 

Gadbois, Pierre, Hi. 

Gadbois, P, Ixv. 

Galebran. Property of, xxxiv. 

Gaillyon, Nicolas. Document, xxxiii. 

Gaillard, Charles, re sale of property, xli 

Garaelin, Jacques. Partnership agreement, xxxix. 

Garreau, Leonard. Dues, xxxiii. 

Gareau, Pierre. Deed of partnership, xxxviii. 

Garrison, Professor. Services acknowledged, Ixxxvii. 

Gaudet, Placide. Genealogist Archives branch, iii. 
Report of, Ixxxvi. 

Genealogical Dictionary of the Acadians, Ixxxvi. 

General Post Office, M. Biggar's work at, Ixxxiii. 

Gervaise, Chas., Ixix. 

Gervaise, Jean, Iii. 

Gervaise, Jehan, Ixii. 

Gervaise, M., acting bailifif for the Island Mont- 
real, Ixi. 

Gervaise, Sr. Petition, xxxv. 

Giasson, Jacques, Ixxv. 

Gibault, Louise, allowed to accompany her brother, 
Rev. Pierre, to the western country, Ixxvi. 

Gibault, Pierre, last will and testament of, xiv. 

Gibault, Marie, mother of Rev. Pierre, allowed to 
accompany him to the western country, Ixxvi. 

Giroflee, Pierre Drouillard dit, title Ve property, 
xxxvii. 

Gladu, Jean. Engagement, power of attorney, 
xxxiii. 

Gode, Mathurin, Hi. 

Godfroi, Rene. Deed of partnership, xxxix. 

Gosslin, Gabriel, Hi. 

Goudge, Hon. N. H., his interest in the archives, ix. 

Gouillet, Jacques, contract, xxxiii. 

Governors, instructions to, publication of second 
part, Ixxxiii. 

Grandpre, Sr. Trading agreement, xxxix ; Certi- 
ficate, xxxvi. 

Grant, C, deed of land in Glengarry County, xlvii. 

Greaves, Miss M., assistant archives branch, iii. 

Grevier, Christophe. Discharge, xxxiii. 

Grizonneau, Claude. Agreement, xxxv. 



INDEX 



Groseillers, Sr. de, loan to, xxxiii. 

Green, James, letter to, xlvi ; letter to John McGill, 
xlvi. 

Guibault, Rev. Pierre, permit from Carleton to go 
to the western country, Ixxvi. 

Guide to the Archives of Canada, a, vii. 

Guillory, Simon, bourgeois. Ixii. 

Gunn, J. H., memorial of Kaskaskia, xlvi. 

Guy, Sr. Pierre, Ixix ; sale of slave to, xl. 

Guyon, Denis, deed of partnership with Adrien 
Joliet, lii ; deed of partnership, xxxiv. 

Guyon, Jean, document, xxxiii. 

Haldimaod, letters to Prevost, re his Pennsylvanian 
estates, xlv ; order for payment, xlv., xlviii. 

Hamilton, Major Gen., xxx. 

Hannay, Dr. James, his work in eonnection with 
the archives, vii ; general report by, of the arch- 
ives of the Maritime Provinces, vii. 

Hay. Lieut. Gov., xlviii. 

Hayet, Marguerite, femme de Medard Chouart, lii. 

Hazeur. Contract, xxxv. 

Hebert, Guillaume, estate of, xxxiii. 

Hebert, Louis, first house in Upper Town, Que- 
bec, li. 

Heno, Andre, lix. 

Henry IV., fragment of document, xxxiii. 

Henry, .Alex., letter re movements of Napoleon 
Bonaparte, xxx ; letter re war, xxxi ; letter con- 
cerning his family, xxxii ; letter to John Henry, 
xlvii. 

Herisson, Michel Le Neuf de, li. 

Hertel, rran9ois, li. 

Heu, le Pere d'. Receipt in favor of M. Lestage, 
xl ; See also " Eu." 

History, importance of archives for, xv. 

Historical Manuscripts Commission, useful volumes 
published by, xiv. 

Historical Manuscripts Commission for Canada, 
suggested, Ixxxviii. 

Historical material, insuffiency of in Canada, xiii, 

Historical enquirers, number of, increasing, xiii. 

Historical Science, advancement of, vii. 

Historical Societies, archives of, xii. 

Hilaret, Moise. Agreement by, xxx vii. 

Hocquart & Beauharnois. Letter to, xli. 

Hocquart, Intendant, letter, Ixix. 

Holinden, H. R. Assistant Archives Branch, iii. 

House of Commons, Biitish, action taken by, to 
preserve Archives, xiv. 

Howard, Abbot, at Michilimackinac, xli.x. 

Howard, J. M., papers of, xxvi. 

Hubert, Ignace. Ixxv. 

Hubert, J. G. Ixxv. 

Hubert, dit Lacroix, Nicolas, lii. 

Hubert, dit Lacroix, Pierre. Deed of partnership, xl. 

Hubou, His mark, li. 

Hud.son's Bay. Mr. Biggar's work in connection 
with papers of, Ixxxiii. 

Hull, Brig. Gen., announcing capitulation of 
Detroit, xxxii. ; terms of Capitulation of De- 
troit, Ixxvii. 

Hunault, Gabriel, xxviii. 

Hunter, General, Lt. Gov. of Upper Canada, xxx ; 
letter re French emigrants, xlvi ; Papers, xlvi ; 
negotations with, xxxviii. 

Hunter, the Sr. Governor of New York, Ixviii. 

Huron Mission, records of, xxiv ; accounts of, xxxii. 

Hurtubise, Martin. Receipt, xxxiv. 

Hypolite, Janisse, xxix. 

Iberville Sr. d', expedition of to Hudson's Bay 
referred to, Ixx ; Lease, xxxv. 

Illinois, papers illustrating the history of, xix. 

Imperial Orders in Council, published, Ixxxiii. 

Isabelle, Guillaume. Grant of land to, xxxiii. 

Isle Bourdon. Request for grant of, xxxiv. 

He Royale, Journal and Census of, by Sieur La 
Roque, Ixxxiii. 



5-6 EDWARD VII., A. 1906 

James, Principal, services of, acknowledged, Ixxxvii. 
Jameson, Professor F. Services acknowledged, 

Ixxxvii. 
Joliet, Adrien. deed of partnership with Denys 

Gruyon, lii ; Deed of partnership, xxxiv. 
Joliet, Jos., letter of, xliii. 
Joliet, Louis, promissory note of, xliii. ; Contract 

re Mingan Islands, xxxvii; Witness, xxxv; 
Petition of, xxxv ; Claim against, xxxiv. 
Johnson, Sir William, letter from, xlv; letter from 

Lord Shelbourne, xlv ; letter re prisoners, xlv. 
Jeannot, dit Lachapelle, Marie, li. 
Jerome, Sr. Certificate of capacity, xli. 
Jerome, Joseph. Engagement to carry goods, xiii. 
Jesuits. Permit re property of, xxxiii. 
Jette, Louis. Engagement of, xli. 
Jones, Stone, at Michilimackinac, xlix. 
Jones, Hon. Alfred, the historical collection of, xi. 
Kamouraska, Judge appointed at, Ixxvi. 
Kaskaskia, records of, xvii. 
Kaskaskia papers, list of, xxi. 
Kaskaskia papers of 1737-84, xliii. 
Kaskaskia, papers relating to New Madrid and 

Vincennes,.xlvi. 
Kaskaskia, collection of commercial paper, xlvi. 
Kaskaskia, Gunn's memorial, xlvi. 
Kerallain, M. Rene de, services of, Ixxxiii. 
Labrie,dit Picot, Jacques, lii. 
La Broqueterie, Louis Chartier de, lii. 
La Durantaye, Sr. de, trading agreement, xxxvi ; 

Permit granted to, xxxvi ; Certificate, xxxvi. 
Lachapelle, Marie Jeannot dit, li. 
Lacorne, referred to, Ixxiv. 
Lacroix, Nicolas Hubert dit, lii. 
Lacroix, Sr. Jacq. Hubert, Certificate in favour of, 

xxxix. 
La Faye, .Jean de, witness, xxxiv. 
La Ferte, .Juchereau de, Iviii. 
La Fontaine, mentioned by La Salle, Ix. 
La Forest Tonty, permit in favour of, signed by 

Frontenac, Ixv. 
La Forest, Sieur de, Ixix. 
La Forest, Frangois de. Deed of sale, xxxvii. 
La Fresnay, Henri de, liv. 
La Gemnieraye, Christophe Dufort Sr. de. Trading 

agreement, xli. 
Lagrene, Pierre, S. J., concession of lot, xxxix. 
La Saliniere, Rene Brehan de. Receipt, xxxvii. 
Lagillier, Jacques, lii. 
Laidlaw, R., his work in connection with the 

Archives, xiii. 
Laidlaw, R., assistant archives branch, iii. 
La Jonquiere, le Marquis de, orders to Hertel to 

proceed to Louisbourg xliii. 
Lake Erie, taken possession of, by the King of 

France in 1669, xlviii. 
Lalemant, Hierosme. Permit re property of Jesuits, 

xxxiii. 
Lamarque, Sr. de. Engagement of, xxxix. 
La Mothe, Dominique de, Sr. de Lourciere. Letters, 

travelled with Hennepin, xxxvi. 
La Martiniere, Claude Ant. de Beimen, Seigneur 

de. Power of Attorney, xiii. 
Lamire, Jean, Iviii. 

La Mesle, Sieur de. Discharge, xxxiii. 
Landry, Claude, xxvii. 
Landuceaii, Marguerite, lii. 
La None, deed of agreement, xlvii. 
La Perade, Charles Francois, Sr. de. Engagement 

re carrying goods, xliii. 
Laperriere, Morin de, xliii. 
La Place, Jacques de. Grant of land, xxxiii. 
Lapointe, Gabriel, xxix. 
La Poterie, Sieur de, lii. 
La Richardie, R. P. de. Superior of the Huron 

Mission, xxxii. 
Larichardiere, P^re. Reference to, xl. 



mDEX 



xciii 



SESSIONAL. PAPER No. 18 

La Roche, jNI. le Marquis de. Procuration given by 
him to his servant to sell goods, 1. 

La Rogerie, M. de. Services of, Ixxxiii. 

La Ronde, Louis Denys Sr. de. Deed of partner- 
ship, xl. 

La Roque, Sieur, journal and census of He Royale, 
Ixxxiii. 

La Rue. Certificate, xxxiv. 

La Salle, M. I'abbe, Declaration re deserter, 
xxxvii. 

La Salle, Robert Cavelier, Sieur de. Extract of 
Baptism from the parish of Saint Herbland de 
Rouen, 1643, li ; Autograph letter to the settlers 
of Fort St. Louis, an account of his last return 
Chicagou, Ix ; Patent of nobility, Ivi ; Grant of 
land to Sieur Jacques Bourdon, Iviii ; Deed of 
concession, xxxv ; Letter of, xxxv ; Patent of [ 
nobility, xxxiv ; Mutineers against, xxxvii ; ! 
Baptismal extract, xxxiii ; mentioned, Ixiii ; 
news of, Ixiii ; letters patent, Iv ; news of, 
xxxvi ; grant to, xxxiv ; note in favor of, 
xxxviii. 

Lasonde, Jean, dit Lacombe, liii. 

La Tour, Charles Saint Etienne de, referred to, viii. 

La Touche, Jacques de, liii. 

Latouche, Mde. de. Sale of property of, xli. 

Laurens, dit Lachapelle, Nicolas, Trading agree- 
ment, xxxvii. 

Laurent, B, xxix. 

Lauson, Jean de. Grant of land, xxxiii. 

Lauzon, L. M. Greffier, Ivii. 

Lauzon, D., Iviii. 

Laval, Mgr., Bishop of Quebec, letter of, Ixvi ; 
Power of Attorney, xxxvii. 

La Vaux, Catherine de, li. 

La Valtrie, Mile de, petition, Ixi. 

La Valtrie, Sr. de. Claim against, xxxv. 

Lavigne. Order to pay to, xxxiv. 

Laviolette, mentioned by La Salle, Ix. 

Laverandrye, directions given to M. Gamelin by, 
Ixxi. 

Le Barbier, Marie, Veuve, Iviii. 

Le Ber. Authority to, xxxiii. 

Le Bossu, Engagement, xxxiv. 

Lebuart, Sr. Arrest of, xxxiii. 

Lechasseur. re grant, xxxiv. 

Le Due, S., xxix. 

Le Due, Paul, Ixxi. 

Le Due. Pierre Souligny. Power of attorney, xliii. 

Lefebvre, Laurent. Order on, xxxiv ; Receipt, 
xxxiv 

Lefebvre, Pierre. Portion of document, xxxiv. 

Lc Formidable, Journal of, Ixxxiii. 

Le Gardeur, Cath. contract, xxxiv. 

Le Gardeur, Paul, Sieur de St. Pierre. Deed of 
partnership, xxxix. 

Le Grand, notary, acts of, xxxi. 

Legras, Jean. Marriage contract, xxxviii. 

Eemay, Baptiste, xxix. 

Le Mercier, R. P., patent of land, Iv. 

Le Mercier, rran9ois, li. 

Lemoyne, C. Authority to, xxxiii. 

Lemoine, Jean, lii. 

Lemoine, Simon, S. J., iX)rtion of document, xxxiv. 

Lemoyne, Sr. de. Grant of land to, xxxiv. 

Le Neuf, .Jacques, li. 

Lepelle, Jean. Agreement, xxxvi. 

Lepelle, Pierre. Agreement of, xxxvii. 

L'Epervanche, Chs. Frs. de Meziere, Sr. de. Power 
of attorney, xli. 

Lepinard. See Coste. 

L'Estage, Pierre. Power of attorney, xlii. 

L'Estre, Thierry de. Judgment by, xxxiv. 

Le Sueur, M. de. Agreement, xxxv. 

Le Sueur, widow of. Letter to, re death of hus- 
band, xxxvii. 
Lesueur, Pierre. Trading agreement, xxxvii. 
Le Tardif, li. 



Le Vallon, M. Judgment by, xxiv. 

Leveille, Jean" Boutin dit. Deed of land, xxxiv. 

Le Verrier, Sieur, exonerated from blame for the 

death of young Boucher, Ixi v. 
Levis, Marquis de, letter of, Ixxv ; operations in 

1760, Ixxxiii. 
Lewis, Gen., xlvi. 
Library of Archives Branch, card index prepared 

for, Ixxxvii. 
Linctot, Jean Godfrey de, li. 
L' Inflexible, journal of, Ixxxiii. 

Literary Workers in Canada, desirability of assist- 
ing them in their research, xv. 
Lorraine, Card. de. Letter, xxxiii. 
Longueuil, M. de, Ixxii. 
Longueuil, Paul Joseph, xliii. 
Longueuil, Baron de. Letter re contract, xxxvii. 
Longueville, Due de. Letter to, xxxiii. 
Longueville, Sr. de. Voyage to Kaskaskia, xxxviii. 
Lorice. See Perrin, xxxviii. 
L'Oignon, Pierre, liii. 
Lorimier, M. de. Company of, xxxvi. 
Louis XIII. Letter, xxxiii ; Ordonnance, xxxiii ; 

death of, viii. 
Louis XIV. Signature to document, Ixxii ; Ivii. 
Louvigny, Louise de, xlvii. 
Louvigny, M. de, xlvii. 

Loyal & Patriotic. Society of LT. C, xxxii. 
Lucas, dit St. Aniant, Jacques. Deed of partner- . 

ship, xxxviii. 
Macaulay, T. B., letter of, xlvii. 
Macheteau, Pierre. Deed of sale, xliii. 
Macon, Sr. Trading deed, xxxvii. 
Macons, to return to Michilimackinac, Ixiv. 
Maddoux, Daniel Joseph. Deed of partnership. 

xxxviii. 
Maheu, V. xxix. « 

Maheu, li. 
Mance, Jeanne, li. 

Maistre, Francois. Discharge, xxxiii. 
Map of Upper Canada compiled for Gen. Simcoe, 

xlvi. 
Marchand, Chs. Deed of sale, xliii. 
Marguerie, Fran90is, li. 

Mane- Antoinette. App't of Sr. Courier, asher 
equerry, xlv. 

Maritime Provinces, Archives of, xiii. 
Marsolet, .Jean. Sieur de Bellechasse. Contract of 
marriage, Ivii. 

Marsolet. Genevieve, Iviii. 

Marsolais, Jean. Marriage contract, xxv. 

Marsolet, Jean, Iviii. 

Marsolet Louise, Iviii. 

Martigny, Testard de, re debt, xxxix. 

Martin, Adhemar, xxx. 

Martin Francois, xxix. 

Martin Abraham li. 

Martinette, Jean. Letter to, xxxv. 

Massachusetts, archives of, relating to Acadia, ix. 

Mason, E. G. xvii. 

Materials for the History of Canada, vii. 

Maugras, .Jacq. Engagement, xxxiv. 

Maurice, CI. xlvii. 

Maupeou. Letter of, xlii. 

Mazarin, Cardinal, viii ; Letter, xxxiii. 

McArthur, Col. Capitulating Detroit, Ixxvii. 

McDonald, Miss F., assistant Archives Branch, iii. 

Menard, Maurice, interpreter, xlvii. 

Menou, family of' viii. 

Mexico, archives in, xvii. 

Mexican Archives, the Ixxxvii. 

Mezere, Medard. Deed in favor of, xxxvii. 

McGill, John, letter re French emigrants from Gen. 
Hunter, xlvi. 

McGill, .John, letter from Wm. Thornton, xlvi ; 
letter from .Jas. Green, xlvi. 

McGillivray, W., letter to M. Cowan, xlvi. 



INDEX 



McGill, James, correspondence with Todd & Askin, 
xxviii, xxvii ; letter to Todd, xxxi. 

McHenry, James, re Indians, xxix. 

Mcllvaine, Miss, services acknowledged, Ixxxvii ; 
xxxii. 

Michaud, Joseph, letter to Mile d'AUonne Ixiii. 

Michigan Historical Society, publications of, xxiv. 

Michel, Sr. Trade with Indians, xxxvi. 

Michilimakinac, taking of, xlix ; letter re expedi- 
tion against, xxxi. 

Mignion, Iviii. 

Millot, Sr. Memo of merchandise, xxxv. 

Milnes, Lt. Gov., to succeed Prevost, xxx. 

Minime, Gilbert Barbier dit, lii. 

Minto, Lord, tranfer papers to the Archives, Ixxxi v. 

Mingan Islands. Contract re, xxxvii. 

Mississippi. Voyage on, xxxix. 

Mississippi Valley, French settlements, xx. 

Mogras, Jacques, lii. 

Monbron, Pierre, letter of, xliv. 

Monforton Guillaume, xxviii. 

Mongeon, Jean. Receipt, xxxvi. 

Moufle, notaire, Iv. 

Monier, Sr. Power of Attorney, xl. 

Montbnm, Sr. L. de, Ixxiv. 

Montcalm, Marquis de; letter of, Ixxv. 

Monconr, Pierre Hertel Sr. de. Agreement re 
goods, xli. 

Montreal papers in the possession of CM. Burton, 
xxiv. 

Montreal, archives at, xvi. 

Monseignac M . de, Ixv. 

Montmagny, Charles Huault de ; Petiticm of Guil- 
laume Couillard, 1 ; prolongation of the commis- 
sion of, xlvii ; Concession of land xxxiii ; Peti- 
tion, xxxiii. 

Moral, Quentin, Sieur de St. Quentin, li. 

Moranville, Louis Godfroy, Sieur de. Transfer of 
trading license, xlii ; Portion of document, xxxiv. 

Moras, Moite de, notary, Ixxi. 

Moras, Michel, xlvii. 

Morasse, Michel, discharge of, xxviii. 

Moreau, Pierre, Iviii. 

Morin, Noel, 1 ; Marriage of, xxxiii. 

Morin, Pierre. Memo of merchandise, xxxv. 

Moyen, Isabelle, (femme de Closse) li. 

Moyen, Marie, li. 

Munster, Lt. Col. Baron de. Discharge of Thom.as 
Dunhart, corporal, xlv. 

Murray, Gen. James, Warrant to. Pay for a watch, 
xlv ; Operations in 1760, Ixxxiii ; document ap- 
pointing the Sr. Jacques Allier civil judge in 
Kamouraska, Ixxvi ; Order in Council re Com- 
mission, Ixxxviii. 

Musseaux, Sieur de. Request for grant, of an is- 
land, by, xxxiv. 

Nafrechon. Isaac. Deed of ])artnership, xxxiv. 

Nau, Luc Francois, S. J. Receipt, xliii. 

New Brunswick, French records relating to, xii. 
methods of voting in former times, xii ; separa- 
tion of, from Nova Scotia, xii ; Acadian re- 
fugees at, xii ; extent of, in 1621, viii. 

Nolan, Charles. Engagement of, xxxix. 

Nolan, Jean Bte. Agreement, xxxv ; contract to 
trade, Ixii. 

Normandy. King's estates in, xxxiii. 

North- West Companj', agreement with John Askin, 
xxviii. 

Nova Scotia, land papers of, x ; Military records of, 
x; letters relating to Townshend, x ; letters from 
the Governors of, x ; classification of the Arch- 
ives of, ix ; settled by Scotchmen, viii ; coloniz- 
ed by the French, viii ; boundaries of, under 
Alexander, viii ; description of, vii. 
Nichol, Robert, re success of British arms, xxx. 
Nicolas, R. P. Louis, S. J. Deed of concession, 
xxxiv. 



5-6 EDWARD Vll., A. 1906 

Nicolet, Marguerite, Ixii. 

Niverville, Sr. de, patent of Order of St. Louis, xlv. 

O'Halloran, George F., B. C. L., Deputy Minister 
of Agriculture, iii. 

O'Leary, Revd. P. M. His work in connection 
with the Archives, vii; Summaries of the Arch- 
ives of various parishes, vii. 

Orders-in-Council, re instruction to Murray, Ixxviii. 

Orleans, Island of. Report on the Archives, vii. 

Oilier, Sr. mentioned, liv. 

Orderly Books of Anthony Wayne, xxvi. 

Ottawas. Behaviour at taking of Michilimackinac, 
xlix. 

Outaouaks, lii. 

Parent, Jos. Return of his regiment, xxix. 

Parent, Major Jacques. Return of regiment, xxix. 

Parent, Mde Mathurin. re license, xxxvii. 

Pascaud, A. Px'omissory note, xxx viii. 

Pelletier, Andre, xxix. 

Pelletier, Nicolas, li. 

Pelletier, Joseph, re trade, xxxvi. 

Pelletier, Dr. L. M., assistant Archives Branch, iii. 

Perrot, dit Vieildaigre, Jacques, liii. 

Perrot, Nicolas. Deed of partnership, xxxiv, Ixv ; 
Power of attorney, xxxvii ; Receipt, xxxvi. 

Perier, M. re letter of, xl. 

Perrin, A. Deed of partnership, xxx viii. 

Peyster, Schuyler de, xxx. 

Picard, Anne, widow of the Intendant Robert, Ixix. 

Pichon, Antoine. Lease, xxxv. 

Picot dit Labrie, Jacques, lii. 

Piers, Mr. H., his assistance to the Archives 
Branch, ix. 

Pijard, Claude, li. 

Pilet, Sr. Deed in favour of, xxvii. 

Pisard . Reference to, xl. 

Planoil, Antoine de. Marriage contract, xxx viii. 

Pontchartrain, Mgr. de. Letter to, xxxviii. 

Portneuf etde Becancourt Baron de. Receipt, xliii. 

Port Royal, capture of viii. 

Poutaoutamis, the, xxvii. 

Powell, John, Paymaster General, order on, xlv. 

Powell, W. Dummer, on the political situation, 
xxix. 

Public Records, xiv. 

Prairie duRocher, Parish records at, xx, xlv. 

Prevost, Major, letter from Haldimand, xlv. 

Primot, Catherine, lii. 

Prince Edward Island. Order re land, Ixxxiii. 

Proces Verbal of a family council, 1. 

Proprietors of Cayahaga, speech of the Indians, 
xxviii. 

Prudhomme, Louis. Trading agreement, xxxix. 

Prudhomme, J. B., xxix. 

Prudhomme, Pierre, lix. 

Puisaye, M. le Comte Joseph de, receipts for arti- 
cles, xlvi. 

Quebec, Archives of the Province of, to be ex- 
amined, vii. 

Queenston Heights, battle of, xxxi, xlix. 

Queret, Sr. Letters patent granted to, xxxviii. 

Queylus, M. I'abbe, liv. Deed of property, xxxi\. 

Racine, Etienne, li. 

Rageot. Criminal case before, xxxv. 

Ragueneau, Paul, li. 

Ramsay, Sr. de. Gov. of Montreal, Ix vii. 

Ramezay, Louis, Sieur de. Engagement by, xxxviii. 

Rankin, James, grant of land to, xxvii. 

Ra.snuyer, Receipt by, xxxiv. 

Raudot, Intendant," calling the director of the 
Company, Ixiv ; letter from Mile D'AUonne, 
Ixiii ; re claims, xxxviii. 

Reaume, Sr. Receipt of, xl. 

Reaume, Chas, deed in favour of, xxvii. 

Reaume, Josephte, concession of Presquile, xxvii. 

Record Office, Mr. Biggar's work, Ixxxiii. 

Remy. mentioned, Ixiv. 



INDEX 



SESSIONAL PAPER No. 18 

Repentigny, Mile de, petition. Ixi, xxxv. 

Repentignv, Le Gardeur, Sr. de, deed of acceptance 
xliv. 

Report of the Archives, to be published alternatel)- 
in French and in English, Ixxxvi. 

Jiesearch, the work of a state more than of the in- 
dividual, XV. 

Research, scope in Canada should be enlarged 
xiii. 

Richard, M. his work in Paris, Ixxxiii. 

Richard, R. P. J. Order by, xxxiv. 

Richelieu, Card Due de, letter, xxxiii, viii. 

Richer. P. D. S.J. re exchange of property, xliii. 

Rioherville, see "De Richerville." 

Rivard Papers, the, referring to French population 
in Detroit, xxxii. 

Riviere aux Hurons, xxviii. 

Rivet, Sr. Jean, will of, xxxix ; Death of, efifects, 
xl. 

Robert, Edine Nicolas, Intendant, Death of, inven- 
tory of effects, xl, Ixix. 

Roberts, Captain in Michilimackinae, xlix. 

Robertson, Miss M. assistant archives Branch, iii. 

Roljertson, Wm. Power of Attorney to John Askin. 
xxix. 

RoUand, Sr. Francois, Engagement, xxxv ; men- 
tioned by La Salle, Ix. 

Rose, Nicolas, Agreement by, xxxviii. 

Ross, George, Agent in London, xlv. 

Roullet, Sieur Regis de. Journal of, xli. 

Rouville, see "De Rouville." 

Rouer, Louis. Judgment by, xxxiv. 

Roy, Jean. Letter, xxxv. 

Roy, Rene, Power of Attorney, xl. 

Russell, Gov., paper, xlvi. 

Russell, Peter, letter to, re payments of supplies, xlvi. 

St. Amant, See Lucas. 

St. Annes Church, Detroit, parish records of, xxiv ; 
Registers of from 1703 to 1828, xxvi. 

St. Clair, William, xviii. 

St. Croix, river of, viii. 

St. Denis, Sr. Charles Juchereau de. Deed of part- 
nership, xxxviii. 

St. Denis, Dame Francois Juchereau, de, cession of 
rights by, xxxix. 

St. Denis, Dame Juchereau de, Comtesse de St. 
Laurent, deed in favour of the Sr. de Tontj', Ixix. 

St. Desiez, see Benoist. 

Ste Foy, plan of the battle of, Ixxxiii. 

St. Frangois, Sr. Hertel de, Ordonnance re, xli. 

St. George, register of the Parish of, xi. 

St. Germain, Promissory note, xxxviii. 

Ste Helene, Sr. Heirs of, xxxix. 

St. John, orders is.sued at, x. 

St. Onge, Pierre Chesne dit, Trading agreement 
xxxvi. 

St. Ours, Sr. de. Grant to, xxxiv. 

St. Paul, parish registers of, xi. 

St. Quentin, Moral de. Document, xxxiii ; Portion 
of document, xxxiv. 

St. Michel, Death of, xxxvii. 

St. Lawrence. Grant of land on, xxxiv. 

Sabine, M. de. Notary, Ixix. 

Sabreyois, Sr. de, power of attorney, xliii. 

Sarazin, Nicolas. Agreement, xxxix. 

Sauvaget, Jean, li. 

Scott, Hon. Chief .Justice, xxxii. 

Selmt the, commission as privateer, xlvii. 

Selkirk papers, the, xiv, Ixxxvi. 

Serre, Antoine, Iii. 

Sharpe, George, letter re situation in Europe, xxx. 

Shelbourne, William Pettj', Earl of. Letter from, 
xlv. 

Shortt, Professor Adam, his work in connection 
with the Archives Branch, xvii. 

Simcoe, .J. G. Proclamation of, xxviii ; referring 
to seat in church, xxviii; papers, xlvi. 

Slave. Sale of, xl. 



Smith, professor Justin, services acknowledged, 
Ixxxvii. 

Smith, Wm., letter to Askin, xxix. 

Sola, Claude, xxix. 

Sola, Pierre, xxix. 

Stamp duties, list of, 17St8, xxix. 

State papers, publication of, xiv. 

State papers referring to Acadia, viii. 

Stevenson, James, letter re prisoners, xiv. 

Stewart, J. .J., his collection of portraits and pam- 
phlets, xi. 

Sully, Due de. Fragment of document, xxxiii. 

Tailly, Pierre de, xliii. 

Talon, Jean, Intendant of New France, liv ; re 
claims, xxxiv ; proclamation of, Iv ; memoir, 
xxxiv. 

Tantfct, M., his work in Paris, Ixxxiii. 

Territory of Michigan, papers of, xxvi, 

Tessier, Claude. Agreement, xxxv. 

Tessier, Louise, xliii. 

Temple, Sir Thomas, his connection with Nova 
Scotia, viii. 

Thornton, Wm., Military Secretary, letter to John 
McGill, xlvi. 

Three Rivers, archives at, xv ; extracts from regis- 
ters of, xliv ; petition from settlers at, xxxiii. 

Todd, .John, xviii. 

Tonancourt, M. de. Letter to, xli. 

Tonty, Henri, Sieur de, contract to trade, Ixii ; 
agreement to trade with the Indians, Ixii ; re 
cession of right, xxxix ; engagement of men by, 
xxxix ; agreement, xxxv ; mentioned by La 
Salle, Ixi ; Grant of land to Jacques Cardinal, 
Ixii ; memoir of goods furnished to him, Ixvii. 

Toronto, plan of, wanted, Ixxxiii. 

Townshend, Marquis of, papers to be examined for 
Archives Branch, xivi. 

Tracy, M. le Marquis de, governor, liv ; document, 
xxxiv. 

Treaty of Ryswick, referred to, Ixxi. 

Tronson, M. I'abbe, letter to M. de Blainville re 
a pension, Ixiv ; letter, xxxvi. 

Trudeau, Frangois. re debt, xxxviii. 

Turpin, Jean Bte. Letter of, xxxix. 

Turpin, Alexandre, claim of, xxxvi. 

United States, publications by the govt, of, xv. 

Upper Canada, statement of supplies etc., xlvi. 
specifications of land grants, xlvi ; papers, xlvi. 

Utrecht, treaty of, viii. 

Vaillant, Fran5ois, S. J., Receipt, xxxviii. 

Van Ransalear, Gen. xlvi. 

Vassan, M de. Ixxiv. 

Vasnier, Iv. 

Vaudreuil, Pierre, deed in favour of Sr. Giasson, 
xliv. 

Vaudreuil, Marquis de, correspondence with Du- 
mas, Ixxxiii. 

Vaudreuil. Philippe de Rigaud, Marquis de, let- 
ters patent, xxxviii. Petition, xxxvii. Despatch 
of a minister, xxxviii. Despatch re affairs of, 
1716, Ixvii. 

Vaudreuil, Rigaud de, Ixxv. 

Vautie, Jacques, S. J., li. 

Vespucci. Antonius, xxxii. 

Vespucci, Amerigo, xxxii. 

Vieildaigre, Jacques Perrot dit, liii. 

Viger, M., letter to Askin, xxix 

Vignencour, Rene d'Amours de. Power of attor- 
ney, xl. 

Villebois, Sr. .J., engagement of Amable Jerdme of 
Laprarie, xliv. 

Villebon, Governor of Acadia, viii. 

Villedonne, Sr. Etienne de. Power of attorney, 
xxxix. 

Ville-Marie, first settlers, li. Petition of settlers at, 
xxxiii. 

Villeray, Seigneur de la. Judgment by xxxiv. 

Villiers, Louis Coulon, Sr. de. Contract, xliii. 



INDEX 



Vollant, Sr. Claude, Sale to. xxxv. 

Wadsvvorth, Gen. xlv. 

War of 1812, letter re, xxxi. 

War Dept. : U. S. letter protesting against the ap- 
pointment of certain Justices of the Peace, xxx. 

Warren, Sir Peter, letter of, xliii. 

Washington, Gen. George, letter to General Wil- 
kinson, xlv'. Proclamation of, xxix. 

Wentworth, B., re Crown Point expedition, xliv. 

Williams Papers, the, xxv. 

Williams, Col. John, xxxii. 

Wilkins, Col. John, xlv. 

Wilkinson, Alex., grant of land in Cornwall, xlvii. 



5-6 EDWARD VII., A. 1906 

Wilkinson, Gen., of Kentucky, letter from Wash- 
ington, xlv. 

Winchester, Gen. taken prisoner, xxxii. 

Wisconsin Historical Soc, xix. 

Wolfe, James, receipts signed by, xliv. Ixxv. 

Wolfrum, Catherine, xlvii. 

Woodbridge papers, the, xxv. 

Yon, Pierre, Sr. de la Decouverte. Fragment of 
letter, xxxviii. 

Yon, Francois Sieur de Youville. Deed of engage- 
ment, xl. 

York, Edward, Duke of, warrant to Paymaster At- 
kins, xlvi. 

York, plan of in 1823, Ixxxiii. 



5-6 EDWARD VII. SESSIONAL PAPER No. 18 ~ A. 1906 



INSTRUCTIONS TO GOVERNORS 



PART II 



(Part I teas Puhlished in Report for 190.'^.) 



18—1* 



5-6 EDWARD VII. SESSIONAL PAPER No. 18 A. 1906 

TRANSCRIPTS OF COLONIAL OFFICE RECORDS 

LOAYER OAIS^ADA 

INSTRUCTIONS TO GOVERNORS 

1791-1839 

From Colonial Office, London. 



[L. S.] 



GEORGE R. 



3 

^^ Instructions to Our Right Trusty and Welbeloved Guy, Lord 

§ ;^ Dorchester, Knight of the Most Honourable Order of the Bath, 

'•^ "^ Our Captain General and Governor in Chief in and over Our 

g g Province of Lower Canada ; Given at Our Court at St. James's, 

■|5^ the Sixteenth day of September, 1791, In the Thirty First Year 

HH of Our Reign. 

d 
d 

1st. With these Our Instructions you will receive Our Commission under Our 
Great Seal of Great Britain constituting you Our Captain General and Governor in 
Chief in and over Our Provincesof Upper Canada and Lower Canada, bounded as in Our 
said Commission is particularly expressed. In the Execution therefore of so much of the 
Office and Trust We have reposed in you as relates to Our Province of Lower Canada, 
you are to take upon you the Administration of the Government of the said Province, 
and to do and execute all things belonging to your Command according to the several 
Powers and Authorities of Our said Commission under Our Great Seal of Great Britain 
and of the Act passed in the present year of Our Reign therein recited, and of these Our 
Instructions to you and according to such further Powers and Instructions as you shall 
at any time hereafter receive under Our Signet and Sign Manual or by Our Order in 
Our Privy Council. 

2. And you are with all due Solemnity, before the Members of Our Executive 
Council, to cause Our said Commission to be read and published, which being done, you 
shall then take andalso administer to each of the Members of Our said executive Council 
the Oaths mentioned in an Act passed in the first year of His late Majesty Kino- George 
the first, intituled : — " An Act for the further Security of His Majesty's Person 
" and Government, and the Succession of the Crown in the Heirs of the late Princess 
" Sophia, being Protestants ; and for extinguishing the hopes of the pretended Prince of 
" Wales, and his open and secret Abettors," as altered and explained by an Act passed in 
the Sixth year of Our Reign intituled, " An Act for altering the Oath of Abjuration 
" and the Assurance, and for amending so much of an Act of the Seventh year of Her 
"late Majesty, Queen Anne," intituled, "An Act for the Improvement of the Union 
"of the two Kingdoms, as after the time therein limited requires the delivery of certain 
" Lists therein mentioned to Persons indicted for High Treason, or Misprision of 

18-11* 



4 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

"Treason," and also make and subscribe, and cause the Members of the said Executive 
Council to make and subscribe the Declaration mentioned in an Act of Parliament made 
in the Twenty-fifth Year of the Reign of King Charles the Second, intituled " An 
" Act for preventing the dangers which may happen from Popish Recusants " and you 
and every of tliem are likewise to take an Oath for the due Execution of your and their 
Places and Trusts with regard to your and their equal and impartial Administration of 
Justice, and you are also to take the Oath required by an Act passed in the Seventh and 
Eighth years of the Reign of King William the third, to be taken by Governors of Plan- 
tations, to do their utmost that the Laws relating to the Plantations be duly observed. 

3. You shall also administer or cause to be administered the Oaths appointed in the 
aforesaid recited Acts, to all Persons, except as hereafter mentioned, that shall be ap- 
pointed to hold or exercise any Office, Place of Trust or Profit in Our said Province, 
previous to their entering on the Execution of the Duties of such Office ; and you shall 
also cause them to make and subscribe the Declaration mentioned in the aforesaid Act 
of the Twenty-fifth year of the Reign of King Charles the Second — But in cases where 
any such Office, Place of Trust or Profit within Our said Province of Lower Canada 
shall be conferred on any of Our Subjects who may profess the Religion of the Church of 
Rome, you shall, so often as any such Person shall or may be admitted into any Such 
ffice, Place of Trust or Profit, administer or cause to be administered to him the Oath 
prescribed in and by an Act of Parliament passed in the 14th year of Our Reign, 
intituled "An Act for making more effectual Provision for the Province of Quebec 
in North America" and also the usual Oath for the Execution of such Office, Place of 
Trust or Profit in lieu of all other Tests and Oaths whatsoever. 

4. Whereas, We have thought fit that there should be an executive Council for 
assisting you, or Our Lieutenant Governor or Per-on administering the Government of 
Our said Province of Lower Canada for the time being ; We do hereby by these Presents 
nominate and appoint the undermentioned Persons to be of the executive Council of 
Our said Province, vizt. : William Smith, Paul Roc de St. Ours, Hugh Fiulay, Francois 
Baby, Thomas Dunn, J oseph de Longueuil, Adam Mabane, Pierre Panet and Adam Lym- 
burner. Esquires — And Whereas, by an Ordinance passed in the Province of Quebec, 
the Governor and Council of the said Province were constituted a Court of Civil Juris- 
diction for hearing and determining Appeals in certain Cases therein specified ; And 
Whereas by an act passed in the present year of Our Reign, it is declared, that the 
Governor, Lieutenant Governor, or Person administering the Government of the said 
Province, together with such executive Council, shall be a Court of Civil Jurisdiction 
within Our said Province for hearing and determining Appeals within the same in the 
like Cases, and in the like manner and form, and subject to such appeal therefrom, as 
such Appeals might have been before the passing of the above recited Act have been 
heard and determined by the Governor and Council of Quebec. — In order therefore, to 
carry the said Act into Execution, Our Will and Pleasure is, that you do in all civil 
Causes, on application being made to you for that purpose permit and allow Appeals 
from any of the Courts of Common Law in Our said Province, unto you and the Ex- 
ecutive Council of the said Province of Lower Canada in manner prescribed by the 
above mentioned Act ; and you are for that purpose to issue a Writ as nearly in the 
accustomed manner before the passing of the above mentioned Act in respect of such 
appeals as the case will admit, returnable before Yourself and the Executive Council of 
the said Province, who are to proceed to hear and determine such Appeal Wherein such 
of the said Executive Council as shall be at that time Judges of the Court from whence 
such Appeal shall be so made to you Our Captain General, and to Our said executive 
Council as aforesaid, shall not be admitted to vote upon the said Appeal, but . they may 
nevertheless be present at the hearing thereof, to give the reasons of the Judgment 
given by them in the causes wherein such Appeal shall be made, pro\'ided neverthe- 
less, that in all such Appeals, the Sum or Value appealed for do exceed the Sum of Three 
hundred Pounds Sterling, and that Security be first duly given by the Appellant, to 
answer such Charges as shall be awarded in case the first Sentence be affirmed, and if 
either Party shall not rest satisfied with the Judgment of you and such executive Coun- 
cil as aforesaid, Our Will and Pleasure is that they may then Appeal unto Us in Our 



INSTRUCTIONS 10 GOVERNORS 5 

SESSIONAL PAPER No. 18 

Privy Council, provided the Sum or Value so appealed for unto Us, do exceed Five 
hundred Pounds Sterling, and that such Appeal be made within Fourteen days after 
Sentence, and good Security be given by the Appellant, that he will effectually prosecute 
the same, and answer the condemnation, as also pay such costs and Damages as shall 
be awarded by Us, in case the Sentence of you and the Executive Council be aiiirmed : 
Provided nevertheless where the matter in question relates to the taking or demanding 
any Duty payable to Us, or to any Fee of Office or annual Rents or other such like 
matters or thing where the Rights in future may be bound, in all such Cases you and 
the said Executive Council are to admit an Appeal to Us in Our Privy Council, though 
the immediate Sum or Value appealed for be of a less value ; and it is our further 
Will and Pleasure, that in all Cases where by your Instructions you are to admit 
Appeals unto Us in Our Privy Council, Execution shall be suspended until the final 
Determination of such Appeal, unless good and sufficient Security be given by the Ap- 
pellee to make ample restitution of all that the Appellant shall have lost by means of 
such Decree or Judgment, in case upon the determination of such Appeal, such Decree or 
Judgment should be reversed, and restitution ordered to the Appellant — You and Our 
Executive Council are also to permit appeals unto Us in Our Privy Council, in all 
Cases of Fine^ imposed for Misdemeanours, provided the Fines so imposed amount to or 
exceed the Sum of One hundred Pounds Sterling, the Appellant first giving good 
Security that he will effectually prosecute the same, and answer the Condemnation, if 
the Sentence by which such Fine was imposed in your Government shall be confirmed. 

5. And that We may be always informed of the names and Characters of Persons 
fit to supply the Vacancies which may happen in Our Said Executive Council, You are 
in case of any Vacancy in the said Council to transmit to Us by one of Our principal 
Secretaries of State, the Names and characters of such three Persons, Inhabitants of Our 
said Province of Lower Canada whom you shall esteem the best qualified for fulfilling 
the Trust of such Executive Councillor. 

6. And in the Choice and Selection of such Persons proposed to fill such Vacancy 
in Our said Executive Council, as also of the Chief Officers, Judges Assistants, Justices 
of the Peace and other Officers of Justice, you are always to take Care that they be 
men of good Life, well affected to Our Government, and of abilities suitable to their 
Employments. 

7. And, Whereas We are sensible, that effectual Care ought to be taken to oblige 
the Members of Our Executive Council to a due Attendance ; it is Our Will and Pleasure 
in order to prevent the many inconveniences which may happen for want of a Quorum 
of the Council to transact Business as occasion may require, that if any of the Members 
of Our said Executive Council residing in Our said Province, shall hereafter willingly 
absent themselves from the Province, and continue absent above the Space of Six Months 
together, without leave from you first obtained under your hand and Seal ; or shall 
remain absent for the Space of one Year without Our Leave given them under Our 
Royal Signature, their Places in the said Executive Council shall immediately there- 
upon become void — And We do hereby will and require you, that this Our Royal 
Pleasure be signified to the several Members of Our said Executive Council, and that it 
be entered in the Council Books of the said Province as a standing Rule. 

8. And to the end that Our said Executive Council may be assisting to you in 
all aff'airs relating to Our Service, you are to communicate to them such and so many 
of these Our Instructions, wherein their advice is mentioned to be requisite ; and like- 
wise all such others from time to time, as you shall find convenient for Our Service to 
be imparted to them. 

9. You are also to permit the Members of out- said Executive Council to have 
and enjoy Freedom of Debate and Vote in all Affairs of Public Concern, which may be 
debated in the said executive Council. 

10. And Whereas We have thought fit to declare by Our Order in Council bear- 
ing date the 24th day of August last, that the Division of Our Province of Quebec 

shall commence on the day of December next, and that from thenceforth the Lands 

and Territories therein described shall be two separate Provinces and be called the 
Province of Upper Canada and the l^rovince of Lower Canada ; you are, as soon as 



6 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

may be after such Division shall take place, to summon by an Instrument under the 
Great Seal of Our Province of Lower Canada, to the Legislative Council of that Province, 
the following persons whom We hereby authorize and direct you so to summon to Our 
said Legislative Council of Lower Canada ; vizt William Smith, J. G. Chaussegros de 
Lery, Hugh Finlay, Picotte de Belestre, Thomas Dunn, Paul Roc de St. Ours, Edward 
Harrison, Francis Baby, John Collins, Joseph de Longueuil, Adam Mabane, Charles de 
Lanaudiere, George Pownall, R. Ainable de Boucherville, and John Frazer, Esqrs. — 

11. And Whereas by the aforesaid recited Act passed in the present year of 
Our Reign, it is provided that the Seats of the Mem.bers of Our Legislative Council 
shall become vacant in certain Cases mentioned in the said Act, It is Our Will and 
Pleasure, that if any Member of Our said Legislative Council shall at any time leave 
Our said Province and reside out of the same, you shall report the same to Us by the 
first opportunity through one of Our Principal Secretaries of State — And you are also 
in like manner to report whether such member of the said council is absent by your 
permission, or by the Permission of Our Lieutenant Governor or Commander in Chief of 
the said Province for the time being ; and you are also in like manner, to report, if it 
shall come to your knowledge, that any such Member shall at any time take or have 
taken any Oath of Allegiance or Obedience to any foreign Prince or Power, or shall be 
attainted for treason in any court (ft Law within any of Our Dominions, that We may 
take measures thereupon as We shall think fit — And you are to take especial Care that 
the several Provisions of the said Act respecting the several Cases in which Persons 
may or may not be entitled to receive Writs of Summons to the said Legislative Council, 
or to hold their Places therein shall be duly executed. 

12. And for the Execution of so much of the Powers vested in you by Our said 
Commission, and by virtue of the said Act, as relates to the declaring that you assent 
in Our Name to Bills passed by the Legislative Council and House of Assembly, or that 
you withold Our Assent therefrom, or that you reserve such Bills for the Signification of 
Our Royal Pleasure thereon. It is Our Will and Pleasure that you do carefully observe 
the following Rules, Directions, and Instructions vizt 

That the Style of enacting all the said Laws, Statutes and Ordinances, shall be by 
Us, Our Heirs, or Successors, by and with the Advice and Consent of the Legislative 
Council and Assembly of Our Province of Lower Canada, constituted and assembled by 
virtue of, and under the authority of an Act passed in the Parliament of Great Britain, 
entitled "An Act to repeal certain Parts of an Act passed in the fourteenth year of 
His Majesty's Reign" intituled " An Act for making more eflfectual Provision for the 
Government of the Province of Quebec in North America, and to make further Provi- 
sion for the Government of the said Province ; '' and that no Bill in any other form shall 
be assented to by you in Our Name. 

That each different matter be provided for by a different Law, without including in 
one and the same Act such Things as have no proper Relation to each other. 

That no Clause be inserted in any Act or Ordinance which shall be foreign to what 
the Title of it imports, and that no perpetual Clause be part of any temporary Laws. 

That no Law or ordinance whatever be suspended, altered, continued, revived, or 
repealed by general Words ; but that the Title and date of such Law or Ordinance be 
particularly mentioned in the enacting part. 

That in case any Law or ordinance respecting private Property, shall be passed 
without a saving of the right of Us, Our Heirs and Successors and of all Persons or 
Bodies Politic or Corporate ; except such as are mentioned in the said Law or Ordinance, 
You shall declare that you withold Our Assent from the same ; and if any such Law or 
Ordinance shall be passed without such Saving you shall in every such Case declare that 
you reserve the same for the signification of Our Royal Pleasure thereon. 

That in all Laws or Ordinances for levying Money or imposing Fines, Forfeitures 
or Penalties, express mention be made that the same is granted or reserved to Us, Our 
Heirs, and Successors for the Public Uses of the said Province, and the Supp rt of the 
Government thereof, as by the said Law shall be directed, and that a Clause be inserted 
declaring that the due Application of such Money pursuant to the Directions of such 



INSTRUCTIONS TO GOVERNORS 7 

SESSIONAL PAPER No. 18 

Law shall be accounted for unto Us through Our commissioners of Our Treasury for 
the time being in such manner and form as We shall direct. 

13. And Whereas We have by Our said Commission given you full Power and 
Authority subject as therein is specified, and to these Our Instructions in that behalf 
to issue Writs of Summons and Election, and to call together the Legislative Council 
and Assembly of Our said Province of Lower Canada, and for the purpose of electing 
the Members of the Assembly of Our said Province of Lower Canada, have also given 
you full power and Authority to issue a Proclamation dividing Our said Province of 
Lower Canada into Districts or Counties, or Circles, and Towns or Townships, and de- 
claring and appointing the number of Representatives to be chosen by each of such Dis- 
tricts or Counties, or Circles and Towns or Townships ; now. Our Will and Pleasure is, 
that you shall issue such Proclamation as soon as may be, allowing nevertheless a 
reasonable time between the issuing thereof and the time of issuing the Writs of Sum- 
mons and Election above mentioned. 

14. That all Laws assented to by you in Our name, or reserved for the Significa- 
tion of Our Pleasure thereon, shall, when transmitted by you, be fairly abstracted in the 
Margins, and accompanied with very full and particular Observations upon each of them, 
that is to say, whether the same is introductory to a I^ew Law, declaratory of a former 
Law, or does repeal a Law then before in being : And you are also to transmit in the 
fullest manner the Reasons rnd occasion for proposing such Laws, together with fair 
copies of the Journals and Minutes of the Proceedings of the said Legislative Council 
and Assembly, which you are to require from the Clerks or other proper Officers in that 
behalf, of the said Legislative Council and Assembly. 

15. And Whereas in the said Act it is provided that in certain Cases, Acts passed 
by the Legislative Council and Assembly of the Province, shall previous to any Signifi- 
cation of Our assent thereto, be laid before both Houses of Our Parliament of Great 
Britain ; And Whereas it is also provided in the said Act, that in certain Cases Pro- 
vision may be made by Acts of the Legislative Council and Assembly of the Province 
assented to by Us, Our Heirs or Successors (thereby reserving the power of giving such 
Assent to U.s, Our Heirs, or Successors only) you are to take special Care, that in 
every such Case you are to declare that you reserve such Bills for the Signification of 
Our Pleasure thereon ; And you will likewise reserve for such signification every other 
Bill which you shall consider to be of an extraordinary or unusual Nature, or requiring 
Our special consideration and decision thereupon, particularly such as may aSect the 
Property, Credit, or dealings of such of Our Subjects as are not usually resident within 
the said Province, or whereby duties shall be laid upon British or Irish Shipping, or 
upon the Product or manufactures of Great Britain or Ireland. 

16 And Whereas Laws have formerly been enacted in several of Our Plantations 
in America, for so short a time, that Our Royal Assent or Refusal thereof could not be 
had before the time for which such Laws were enacted did expire. You shall not as- 
sent in Our name to any Law that shall be enacted for a less time than two years, ex- 
cept in Cases of imminent necessity, or immediate temporary expediency ; and you 
shall not declare Our assent to any Law containing Provisions which shall have been 
disallowed by Us, without express Leave for that purpose first obtained from L's, upon a 
full representation by you to be made to Us by one of our principal Secretaries of State, 
of the reasons and necessity for passing such Law. 

17. Whereas We have thought tit by Our Orders in Our Privy Council to disal- 
low certain Laws passed in some of Our Colonies and Plantations in America, for con- 
firming the Privileges of Naturalization on Persons being Aliens, and for divoi'cing 
Persons who have been legally joined together in Holy Marriage — And Whereas Acts 
have been passed in others of Our said Colonies, to enable Persons who are Our liege 
Subjects by Birth or Naturalization, to hold and inherit Lands, Tenements, and Real 
Estates, altho' such Lands, Tenements, and real Estates had been originally granted 
to, or purchased by Aliens antecedent to Naturalization — It is Our Will and Pleasure, 
that you do not upon any pretence whatsoever give your Assent to any Bill or Bills 
that may hereafter be passed by the Legislative Council and Assembly of the Province 
under your Government for the Naturalization of Aliens, nor for the Divorce of Per- 



8 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

sons joined together in Holy Marriage nor for establishing a Title in any Lands, 
Tenements and real Estates in Our said Province originally granted to, or purchased 
by Aliens antecedent to Naturalization. 

18. You are to give Warrants under your hand for the issuing of Public Monies for 
all Public Services, and We do particularly require you to take care that regular 
Accounts of all Receipts and Payments of Public Monies be duly kept, that the same 
from time to time be audited by Our executive Council, and that Copies thereof 
attested by you be transmitted every half year or oftener if there should be occasion to 
Our Commissioners of Our Treasury, or to Our High Treasurer for the time being, and 
Duplicates thereof by the next conveyance, in which Accounts, shall be specified every 
particular Sum raised or disposed of, to the end that We may take such Measures as 
We may deem necessary for the examination of the said Accounts, and that We may 
be satisfied of the right and due Application of the Revenue of Our said Province of 
Lower Canada, and with the Probability of the increase of or diminution of it under every 
head and Article thereof. 

19. Whereas by an Act of Our Parliament of Great Britain passed in the 
fourth year of Our Reign, intituled " An Act to prevent Paper Bills of Credit here- 
" after to be issued in any of His Majesty's Colonies or Plantations in America, from 
" being declared to be a legal Tender in payments of INIoney, and to prevent the legal 
" Tender of such Bills as are now subsisting, from being prolonged beyond the Periods 
" limited for calling in and sinking the same," it is enacted that no Paper Bills or Bills 
of Credit should be created or issued by any Act, Order, Resolution, or Vote of 
Assembly in any of Our Colonies or Plantations in America, to be a legal tender in 
payment, and that any such Act, Order, Resolution or Vote for creating or issuing 
such Paper Bills or Bills of Credit, or for prolonging the legal tender of any such then 
subsisting and current in any of the said colonies or Plantations, should be null and 
void — And Whereas by another Act of our said Parliament passed in the Thirteenth 
Year of Our Reign, intituled, " An Act to explain and amend the above recited Act 
" passed in the Fourth year of Our Reign as aforesaid " it is enacted that any Cer- 
tificates, Notes, Bills, or Debentures, which shall or may be voluntarily accepted by 
the Creditors of the Public within any of the Colonies in America as a Security for the 
Payment of what is due and owing to the said Public Creditors, may be made and en- 
acted by the General Assemblies of the said Colonies respec ively to be a tender 
to the Public Treasurers in the said Colonies, for the Discharge of any Duiies, Taxes, 
or other Debts whatever due to, and payable at or in the said Public Treasuries of the 
said Colonies, in virtue of Laws passed within the same, and in no other Case Whatso- 
ever—It is Our Will and Pleasure that you do in all things conform yourself to the 
Provisions of the said Recited Acts both with respect to the not assenting to any Bills 
which may be presented to you for the purpose of issuing or creating Paper Bills or 
Bills of Credit, to be a legal Tender in payment, and the assenting to any Bills by which 
certificates. Notes or Debentures which may be voluntarily accepted in payment by 
the Public Creditors shall be made a legal Tender to the Treasury for Taxes, Duties, 
and other Payments to the Public Treasui-y. 

20. You shall not remit any Fines or Forfeitures whatsoever above the Sum of 
Ten Pounds, nor dispose of any Forfeitures whatsoever, until upon signifying unto the 
Commissioners of Our Treasury or Our High Treasurer for the time being, the nature 
of the Oflfence, and the occasion of such Fines and Forfeitures, with the particular 
Sums or Value thereof (which you are to do with all Speed) you shall have received Our 
Directions thereon, but you may in the meantime suspend the payment of the said 
Fines and Forfeitures. 

21. And you are on every occasion to transmit to Us by one of Our principal 
Secretaries of State with all convenient Speed, a particular Account of all New Estab- 
lishments of Jurisdictions, Courts, Offices and Officers, Powers, Authorities, Fees, and 
Privileges granted and settled within Our said Province of Lower Canada ; as likewise 
an Account of all the Expenses (if any] attending the Establishment of the said Courts 
and Offices. 



IXSTRUCTIONS TO GOVERNORS 9 

SESSIONAL PAPER No. 18 

22. It is Our further Will and Pleasure that all Commissions to be granted by 
you to any Person or Persons, to be Judge, Justice of the Peace, or other necessary 
Offices be granted during Pleasure only. 

23. You are not to susj^end any of the Membersof Our said Executive Council, or to 
suspend or displace any of the Judges, Justices, Sheriffs, or other Officers or Ministers 
within Our said Province of Lower Canada without good and sufficient Cause, and in 
case of such Suspension or Removal, you are forthwith to transmit your reasons for the 
same to one of Our Principal Secretaries of State. 

24. And Whereas frequent complaints have been made of great delays and undue 
proceedings in the Courts of Justice in several of Our Plantations, whereby many of 
Our good Subjects have very much suffered, and it being of the greatest Importance to 
Our Service, and to the Welfare of Our Plantations that Justice be everywhere speedily 
and duly administered, and that all disorders, delays, and other undue practices in the 
administration thereof be effectually prevented ; We do particulai'ly require you to take 
especial Care that in all Courts where you are authorized to preside, Justice be impar- 
tially administered ; and that in all other Courts established within Our said Province, 
all Judges and other Persons therein concerned do likewise perform their several duties 
without delay or partiality. 

25. You are to take care that no Court of Judicature be adjourned but upon good 
Grounds, as also that no orders of any Court of Judicature be entered or allowed which 
shall not be fii-st read and approved of by the Justices in open Court, which Rule you 
are in like manner to see observed with relation to all Proceedings of Our Executive 
Council of Lower Canada, and that all orders there made, be first read and approved 
in such Council before they are entered upon the Council Books. 

26. You are to take Care that all Writs within Our said Province of Lower 
Canada be issued in Our Name. 

27. You shall take care with the Advice and Assistance of ou;" Executive Council, 
that such Prisons as may at any time be necessary, be erected, and that the same or any 
other already erected be kept in such a Condition as may effectually secure the Prisoners 
which now are or may hereafter be confined therein 

28. You shall not suffer any Person to execute more Offices than one by Deputy. 

29. You shall not by Colour of any Power or Authority hereby or otherwise 
granted or mentioned to be granted unto you, take upon you to give, grant, or dispose 
of any Place or Office within Our said Province, which now is or shall be granted under 
the Great Seal of this Kingdom, or to which any Person is or shall be appointed by 
Warrant under Our Signet and Sign Manual, any further than that you may upon the 
Vacancy of any such Office or Place, or upon the Susjjension of any such officer by you 
as aforesaid, put in any fit Persons to officiatp in the Interval, till you shall have repre- 
sented the matter unto Us through one of Our principal Secretaries of State, which 
you are to do by the first opportunity, and till the said Office or Place is disposed of by 
Us, Our Heirs or Successors, under the great Seal of this Kingdom, or until some Person 
shall be appointed thereunto under Our Signet and Sign Manual, or until Our further 
Directions be given therein : and it is Our express Will and Pleasure, that you do give 
reasonable Support unto the Patent Officers in the Enjoyment of their legal and estab- 
lished Fees, Rights, Privileges, and Emoluments, according to the true Intent and mean- 
ing of their respective Patents. 

30. And Whereas several Complaints have been made by the Officers of Our 
Customs, in Our Plantations in America, that they have frequently been obliged to 
serve on Juries, and personally to appear in Arms whenever the Militia is drawn out, 
and thereby are much hindered in the Execution of their Employments, Our Will and 
Pleasure is, that you take effectual Care and give the necessary Directions, that the 
several Officers of Our Customs be excused and exempted from serving on any Juries, 
or personally appearing in Arms in the Militia, unless in Cases of absolute necessity, 
or serving any Parochial Offices which may hinder them in the Execution of their 
Duties. 

3L And Whereas nothing can more effectually tend to the speedy settling of 
Our said Province of Lower Canada, the Security of the Property of our Subjects and 



10 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

the advancement of Our Revenue, than the disposal of such Lands as are Our Property 
upon reasonable terms, and the establishing of a regular and proper method of Proceed- 
ing, with respect to the passing of Grants of such Lands — It is therefore Our Will and 
Pleasure, that all and every Person andPersons who shall apply for any Grant or Grants 
of Land, shall previous to their obtaining the same, make it appear that they are in a 
condition to cultivate and improve the same, and in case you shall, upon a considera- 
tion of the Circumstances of the Person or Persons applying for such Grants, think it 
advisable to pass the same, you are in such Case to cause a Warrant to Vje drawn up 
directed to the Surveyor General or other Officers, impowering him or them to make a 
faithful and exact Survey of the Lands so petitioned for, and to return the said Warrant 
within Six Months at farthest from the date thereof, with a Plot or Description of the 
Lands so surveyed thereunto annexed, and wh n the Warrant shall be so returned by 
the said Surveyor, or other proper Officer the Grant shall be made out in due form, and 
the Terms and Conditions required by these Our Instructions be particularly and ex- 
pressly mentioned therein — And it is Our Will and Pleasure that the said Grants shall 
be registered within Six Months from the date tliereof in the Register's Office, and a 
Docket thereof be also entered in Our Auditor's Office, Copies of all which Entries shall 
be returned regularly by the proper Officer to Our Commissioners of Our Treasury. 

32. And for the further Encouragement of Our Subjects, It is Our Will and 
Pleasure that the Lands to Vje granted by you as aforesaid, shall be laid out in Town- 
ships, and that each Inland Township shall, as nearly as Circumstances shall admit, 
consist of Ten Miles Square ; and such as be situated upon a navigable River or 
Water shall have a front of Nine Miles, and shall be Twelve Miles in Depth, and shall 
be sub-divided in such manner as may be found most advisable for the accomodation of 
the Settlers, and for making the several Reservations for Public Uses and particularly 
for the Support of the Protestant Clergy agreeably to the above recited Act passed in 
the present year of Our Reign. 

33. And Whereas great Inconveniences have heretofore arisen in many of the 
Colonies in America from the granting excessive Quantities of Land to particular Persons 
who have never cultivated or settled the same, and have thereby prevented others more 
industrious from improving such Lands — In order therefore to 'prevent the like incon- 
veniences in future, it is Our Will and Pleasure that you observe the following Direc- 
tions and Regulations in all Grants to be made by you as aforesaid ; vizt 

That no Town Lot shall be granted to any one Person being Master or Mistress of 
a Family in any Township to be laid out as aforesaid which shall contain more than 
one Acre of Land. 

That no Park Lot shall be granted to any one Person being Master or Mistress of 
a Family in any Township so to be laid out, which shall contain more than Twenty-four 
Acres. 

That no Farm Lot shall be granted to any one Person being Master or Mistress of 
a Family in any Township so to be laid out, which shall contain more than 200 Acres. 

It is Our Will and Pleasure, and you are hereby allowed and permitted to grant unto 
every such Person or Persons such further Quantity of Land as they may desire, not 
exceeding one Thousand Acres over and above what may have heretofore been granted 
to them, and in all Grants of Land to be made by you as aforesaid, you are to take 
care that due regard be had to the qviality and comparative Value of the different parts 
of Land comprized within any Township, so that each Grantee may have as nearly as 
may be a proportionable quantity of Lands of such different Quality and comparative 
value, as likewise that the breadth of each Tract of Land to be hereafter granted be 
one third of the length of such Tract, and that the length of such Tract do not extend 
along the Banks of any River, but into the main Land, that thereby the said Grantees 
may have each a convenient Share of what accommodation the said River may afford 
for navigation or otherwise. 

34. And as a further Encouragement to Our Subjects who shall become Settlers 
as aforesaid. It is Our Will and Pleasure that the said Townships and the respective 
Allotments within the same, together with the Lands to be reserved as aforesaid, shall 
be run and laid out by Our Surveyor General of Lands for the said Province, or some 



IXSTHUCTIOXb TO GOVERNORS 11 

SESSIONAL PAPER No. 18 

skilful Person authorized by him for that purpose, which Surveys together with the 
Warrants and Grants for the respective Allotments shall be made out for and delivered 
to the several Grantees free of any Expense or Fees whatsoever other than such as 
may be payable to the different Officers according to the Table of Fees already established 
upon Grants of Land made in the said Province. 

35. And in order to prevent any Persons disaffected to Us and Our Government 
from becoming Settlers in Our said Province of TiOwer Canada, It is Our Will and 
Pleasure that no Warrants for surveying Lands be granted by you or the Lieutenant- 
Governor or Person administering the Government for the time being, unless the Per- 
son or Persons applying for the same, do, at the time of making such application, 
besides taking the usual Oaths directed by Law, also make and subscribe the following 
Declaration in your or his presence, or in the presence of such Person or Persons as 
shall by you or him be appointed for that purpose ; vizt 

" I, A : B : do promise and declare that I will maintain it defend to the utmost 
" of my Power the Authority of the King in His Parliament as the Supreme Legislature 
" of this Province." 

36. Wlereas the reserving such Bodies of Land within Our Province of Lower 
Canada, where there are considerable Growths of Timber fit for the use of Our Royal 
Navy, is a matter of the utmost importance to Our Service, — It is Our Will and Pleasure 
that no Grants whatever be made of Lands within any District or Tract in Our said 
Province of Lower Canada until Our Surveyor General of Woods or his Deputy law- 
fully appointed shall have surveyed the same and marked out as reservation to Us, Our 
Heirs and Successors such parts thereof as shall be found to contain any considerable 
growth of masting or other Timber fit for the use of Our Royal Navy, and more es- 
pecially upon the Rivers, and you are hereby instructed to direct our Surveyor 
general of Lands in Our said Province from time to time with all due diligence to com- 
pleat the Surveys and mark out the Reservations as aforesaid in the most convenient 
Parts of Our said Province ; and you are from time to time to report the number, ex- 
tent and Situation of such Reservations, and you are further to direct Our Surveyor 
General not to certify any Plots of Land ordered and Surveyed for any Person or Per- 
sons whatever, in order that Grants may be made out for the same, until it shall appear 
to him by a Certificate under the hand of Our said Surveyor of Woods or his Deputy, 
that the Land so to be granted is not part of or included in any District marked out as 
a Reservation for Us, Our Heirs and Successors as aforesaid for the purpose herein 
before mentioned, and in order to prevent any deceit or fraud from being committed 
by the Persons applying for Lands in this respect, It is Our Will and Pleasure, that in 
all Grants to be hereafter made for Lands within Our said Province of Lower Canada, 
the following Pi'oviso and exception be inserted vizt " and provided also that 
" no part of the Parcel or Tract of Land hereby granted to the said 

" and his Heirs be within any Reservation heretofore made and marked for L"s, 
" Our Heirs, and Successors by Our Surveyor General of Woods, or his lawful 
" Deputy, in which Case, this Our Grant for such part of the Land hereby 
" given and granted to the said and his Heirs forever as aforesaid, 

" and which shall upon a Survey thereof being made, be found within any such Reser- 
" vation, shall be null and void, and of non-Effect, any thing herein contained to the 
" contrary notwithstanding." 

37. And Whereas it is necessary that all Persons who may be desirous of settling 
in Our said Province, should be fully informed of the Terms and Conditions upon which 
Lands will be granted within Our said Province of Lower Canada in manner prescribed 
in and by the said Act passed in the present year of Our Reign, you are therefore as 
soon as possible to cause a Publication to be made by Proclamation or otherwise, as you 
in your discretion shall think most adviseable of the said Terms and Conditions re- 
specting the granting of Lands : in, which Proclamation it may be expedient to add some 
short description of the natural Advantages of the Soil and Climate and its peculiar 
conveniences for Trade and Navigation. 



12 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

38. And it is Our further Will and Pleasure that all the foregoing Instructions 
to you, as well as any which you may hereafter receive relative to the passing Grants of 
Lands in conformity to the said Act passed in the present year of Our Reign, be 
entered upon record for the Information and Satisfaction of all Parties whatever that 
may be concerned therein. 

39. And Whereas it hath been represented unto Us that many parts of the 
Province under your Government are particularly adapted to the Growth and Culture 
of Hemp and Flax, It is therefore Our Will and Pleasure, that in all Surveys for 
Settlement, the Surveyor be directed to report whether there are any or what quantity 
of Lands contained within such Survey lit for the Production of Hemp & Flax. 

40. A.nd Whereas it hath been represented to Us, that several Parts of Our 
Province of Lower Canada have been found to abound with Coals, It is Our Will 
and Pleasure th it in all Grants of Land to be made by you, a Clause be inserted, re- 
serving to Us Our Heirs, and Successors all Coals, and also all Mines of Gold, Silver, 
Copper, Tin, Iron and Lead which shall be discovered upon such Lands. 

41. You shall cause a Survey to be made of all the considerable Landing Places 
and Harbours in Our said Province, in case the same shall not have already been done, 
and report to Us by one of Our Principal Secretaries of State, how far any Fortifications 
be necessary for the Security and Advantage of the said Province. 

42. And Whereas it appears from the Representations of Our late Governor of the 
District of Trois-Rivieres, that the Iron Works at St. Maurice in that District are of 
Great Consequence to Our Service — It is therefore Our Will and Pleasure that no part 
of the Lands upon which the said Iron Works were carried on, or from which the Ore 
used in such Iron Works was procured, or which shall appear to be necessary or con- 
venient for that Establishment either in respect to a free passage in the River St. 
Lawrence, or for producing a necessary Supply of Wood, Corn and Hay, or for Pasture 
for Cattle,be granted to any Private Person whatever ; and also, that as large a District 
of Land as conveniently may be adjacent to, and lying round the said Iron Works, over 
and above what may be necessary for the above purpose, be reserved for Our Use, to be 
disposed of in such manner as We shall hereafter direct and appoint. 

43. Whereas the Establishment of proper Regulations in matters of Ecclesiastical 
Concern is an Object of very great Importance, it will be your indispensible Duty to 
take Care that no arrangements in regard thereto be made, but such as may give full 
satisfaction to Our New Subjects in every point in which they have a right to any 
Indulgence on that head,always remembering that it is a Toleration of the free Exercise 
of the Religion of the Church of Rome only to which they are entitled, but not to the 
Powers and Privileges of it as an established Church, that being a Preference which 
belongs only to the Protestant Church of England. 

44. Upon these Principles therefore, and to the end that Our just Supremacy in 
all matteis Ecclesiastical as well as civil may have its due Scope and Influence ; It is Our 
Will and Pleasure 

First, That all Appeals to or Correspondence with any Foreign Ecclesiastical Juris- 
diction of what nature or kind soever, be absolutely forbidden under very severe 
Penalties. 

2ndly. That no Episcopal or Vicarial Pov-tj be exercised %vithin Oar said Pro- 
vince by any Person professing the Religion of the Church of Rome, but such only as are 
essentially and indispensably necessary to the free Ex»"rciseof the Romish Religion, and in 
those Cases, not without a License and Permission from you under the Seal of Our said 
Province for and during Our Will and Pleasure, and under such other Limitations and 
Restrictions as may correspond with the Spirit and Provisions of the Act of Parliament 
of the 14th year of Our Reign, "for making more effectual Provision for the Govern- 
" ment of the Province of Quebec ; " and no Person whatever is to have holy Orders 
conferred upon him, or to have the Cure of Souls, without a Licence for that purpose first 
had and obtained from you. 

3rdly. That no Person professing the Religion of the Church of Rome, be allowed 
to fill any Ecclesiastical Benefice, or to have and enjoy any of the Rights or Profits 
belonging thereto, who is not a Canadian by Birth (such only excepted as are now in 



lySTBUCTIOXS TO GOVERNORS 13 

SESSIONAL PAPER No. 18 

possession of any such Benefice) and who is not appointed thereto by Us, or by or under 
Our Authority, and that all Right or Claim of Right in any other Person whatever to 
nominate, present, or appoint to any vacant Benefice, other than such as mav lay Claim 
to the Patronage of Benefices as a Civil Right, be absolutely abolished, no Person to 
hold more than one Benefice, or at least not more than can reasonably be served by one 
and the same Incumbent. 

4thly. That no Person whatever professing the Religion of the Church of Rome 
be appointed Incumbent of any Parish in which the Majority of the Inhabitants shall 
solicit the Appointment of a Protestant Minister ; In such Case, the Incumbent shall be 
a Protestant, and entitled to all Tythes payable within such Parish : But nevertheless, 
the Roman Catholics may have the use of the Church for the free exercise of their Re- 
ligion at such times as may not interfere with the Religious Worship of the Protestants ; 
And in like manner the Protestant Inhabitants in every Parish where the Majority 
of Parishioners are Roman Catholics, shall notwithstanding have the use of the Church 
for the Exercise of their Religion at such times as may not interfere with the Religious 
Worship of the Roman Catholics. 

5thly. That no Incumbent professing the Religion of the Church of Rome 
appointed to any Parish, shall be entitled to receive any Tythes for Lands or Possessions 
occupied by a Protestant : but such Tithes shall be received by such Persons as you 
shall appoint, and shall be reserved in the hands of Our Receiver- General as aforesaid 
for the Support of a Protestant Clergy in Our said Province to be actually resident 
within the same, and not otherwise, according to such Directions as you shall receive 
from Us in that behalf, and in like manner all growing Rents and Profits of a vacant 
Benefice shall during such Vacancy be reserved for, and applied to the like Uses. 

6thly. That all Persons professing the Religion of the Church of Rome, who are 
already possessed of, or may hereafter be appointed to any Ecclesiastical Benefice, or 
who may be licensed to exercise any power or authority in respect thereto, do take and 
Subscribe before you in Council, or before such Person as you shall appoint to ad- 
minister the same, the Oath required to be taken and subscribed by the aforesaid act 
of Parliament, passed in the Fourteenth Year of Our Reign, intituled " An Act for 
'' making more effectual Provision for the Government of the Province of Quebec in 
" North America." 

7thly. That all Incumbents of Parishes professing the Romish Religion not 
being under the Ecclesiastical Jurisdiction of the Bishop of Nova Scotia, shall hold 
their respective Benefices during their good Behaviour, subject however, in case of any 
conviction for criminal Oflfences, or upon due Proof of seditious Attempts to disturb the 
Peace and tranquility of Our Government to be deprived or suspended by you. 

8thly. That such Ecclesiastics as may think fit to enter into the holy t>tate 
of Matrimony, shall be released from all Penalties to which they may have been sub- 
jected in such Cases by any Authority of the See of Rome. 

9thly. That Freedom of the Burial of the Dead' in the Churches and Church 
yards be allowed indiscriminately to every Christian Persuasion. 

lOthly. That the Royal Family be prayed for in all churches and Places of 
holy Worship in such manner and Form as is used in this Kingdom, and that Our 
Arms and Insignia be put up, not only in all such Churches and Places of holy Worship, 
but also in all Courts of Justice ; and that the Arms of France be taken down in every 
such Church or Court where they may at present remain. 

1 Ithly. That the Society of Romish] Priests called the Seminaries of Quebec 
and Montreal shall continue to possess and occupy their houses of Residence, and all 
other Houses and Lands to which they were lawfully entitled on the 1 3th of September 
1759. and it shall be lawful for those Societies to fill up vacancies, and admit new 
Members according to the Rules of their Foundations, and to educate Youth in order 
to qualify them for the Service of Parochial Cures as they shall become vacant. — It is 
nevertheless Our Will and Pleasure, that not only those Seminaries, but all other 
Religious Communities, so long as the same shall continue, be subject to Visitation- by 
you Our Governor, or such other Person or Persons as you shall appoint for that 



14 CA NA DIA X A RCHI VES 

5-6 EDWARD Vll.. A. 1906 

purpose, and also subject to such Rules and Regulations as you shall, with the advice 
and Consent of Our Executive Council think fit to establish and ap, oint. 

12thly. It is also Our Will and Pleasure that all other Religious Seminaries 
and Communities (that of the Jesuits only excepted) do for the present, and until We 
can be more fully informed of the true state of them, and how far they are or are not 
essential to the free Exercise of the Religion of the Church of Rome, as allowed within 
Our said Province, remain upon their present Establishment, but you are not to allow 
the Admission of any new Members into any of the said Societies or Communities (the 
Religious Communities of Women only excepted) without Our express orders for that 
purpose : That the Society of Jesuits be Suppressed or dissolved and no longer continued 
as a Body Corporate or Politic, and all their Rights, Possessions, and Property shall be 
vested in Us for such Purposes as We may hereafter think fit to direct and appoint ; 
But We think fit to declare Our Royal Intention to be, that the present members of 
the said Society as established at Quebec shall be allowed sutiicient Stipends and Pro- 
visions during their natural Lives, that all Missionaries amongst the Indians, whether 
established under the Authority of, or appointed by the Jesuits, or by any other 
Ecclesiastical Authority of the Romish Church, be withdrawn by Degrees, and at such 
times, and in such manner as shall be satisfactory to the said Indians, and consistent 
with the public Safety, and Protestant Missionaries appointed in their places — That 
all Ecclesiastical Persons whatsoever of the Church of Rome be inhibited upon Pain of 
Deprivation, from influencing any Person in the making of a Will, from inveigling 
Protestants to become Papists, or from tampering with them in matters of Religion, 
and the Romish Priests be forbidden to inveigh in their Sermons against the Religion 
of the Church of England. 

45. Whereas We did by Our Commission under the Great Seal of Great Britain, 
bearing date the 1st day of August 1787, appoint the Right Rev. Father in God, 
Charles Inglis, Doctor in Divinitj^, to be Bishop of the Province of Nova Scotia, and 
thereby give to him and his Successors in the said See, Jurisdiction Spiritual and Ec- 
clesiastical, in and throughout the said Province of Nova Scotia and its Dependencies, 
according to the Laws and Canons of the Church of England, which are lawfully made 
and received in England in the several Causes and Matters particularly expressed and 
set forth in the said Commission and no other : 

And Whereas by another Commission We did also give and grant to the said 
Bishop of Nova Scotia full Power and Authority by himself or his sufiicient Commissary 
or Commissaries., to exercise the like Spiritual and Ecclesiastical Jurisdiction within 
the Provinces of Quebec, of New Brunswick, and the Islands of St. John, Cape Breton, 
and Newfoundland, as is set forth in the said Commission — We do hereby order and 
and enjoin you, that you do give all fit support and Countenance to the said Bishop in 
the Exercise of his Jurisdiction Spiritual and Ecclesiastical, according to the Laws of 
this Realm, and the Laws of the Province of Lower Canada, and to the Tenor of the 
said Commission, It is nevertheless Our Will and Pleasure to reserve to you the 
granting of Licenses for Marriages, Letters of Administration, and Probates of Wills, 
as heretofore exercised by you, and your Predecessors, and also to reserve to you and to 
all others to whom it may lawfully belong, the Patronage and Right of Presentation to 
Benefices ; buti^ is Our Will and Pleasure, that the Person so presented, shall be insti- 
tuted by the Bishop or his Commissary duly authorized by him as directed by Our said 
commission. 

46. You are to permit Liberty of Conscience, and the free Exercise of all such 
modes of Religious Worship as are not prohibited by Law, to all Persons who inhabit 
and frequent the Province of Lower Canada, provided they be contented with a quiet 
and peaceable Enjoyment of the same, without giving OiFence or Scandal to Government. 

47. You are to take especial Care that God Almighty be devoutly and duly 
served throughout your Government, that the Lord's Day be duly kept, and that the 
Services and Prayers appointed by and according to the Book of Common Prayer be 
publicly and solemnly read and performed throughout the year. 

48. You are to be careful that the Churches which are or may be hereafter 
erected in Our said Province of Lower Canada be well and orderly kept. 



IXSTRCCTIOXS TO GOVERXORS 15 

SESSIONAL PAPER No. 18 

49. You shall recommend to the Legislative Council and General Assemblies of 
the Province of Lower Canada, to settle the Limits of Parishes in such a manner as 
shall be deemed most convenient. 

50. You are to use your best Endeavours that every Minister be constituted one 
of the Vestry in his respective Parish, and that no Vestry be held without him, except 
in case of Sickness, or that, after notice given of a Vestry he omit to come. 

51. It is Our Will and Pleasure that you recommend to the Legislative Council 
and Assembly of Our said Province of Lower Canada to make due Provision for the 
erecting and maintaining of Schools, where youth may be educated in competent Learn- 
ing, and in knowledge of the Principles of the Christian Religion. 

52. And it, is Our further Will and Pleasure that no Person shall be allowed to 
keep a School in the Province of Lower Canada, without your License first had and 
obtained ; In granting which you are to pay the most particular attention to the 
Morals and proper Qualifications of the Persons applying for the same, and in all cases 
where the School has been founded, instituted, or appointed for the Education of mem- 
bers of the Church of England, or where it is intended that the School Master should be 
a Member of the Church of England, you are not to grant such Licences, except to 
Persons who shall first have obtained from the Bishop of Nova Scotia, or one of his 
Commissaries, a Certificate of their being properly qualified for that purpose. 

53. And it is Our further "Will and Pleasure, that in order to suppress every 
Species of Vice, Profaneness and Immorality, you do forthwith cause all Laws already 
made against Blasphemy, Profaneness, Adultery, Fornication, Polygamy, Incest, Pro- 
fanation of the Lord's Day, Swearing, and Drunkenness, to be strictly put in execution 
in every part of the Province of Lower Canada, and that for this purpose you do Direct 
that the Constables and Church Wardens of the several Parishes do make Presentment 
upon Oath of any of the Vices before mentioned to the Justices of the Peace in their 
Session, or to any of the other Temporal Courts : And you are earnestly to recommend 
to the Legislative Council and Assembly to provide effectual Laws for the Restraint 
and Punishment of all such of the aforementioned Vices against which no Laws are as 
yet provided, or in cases where the Laws already made are found to be insufficient. 
And in order to discountenance Vice and promote the practice of Virtue to the utmost 
of your power We do hereby strictly command and enjoin you to appoint no Person 
to be a Justice of the Peace, or to any trust or Employment, whose notorious ill Life 
or Conversation may occasion Scandal. 

54. You are not to present any Protestant Minister to any Ecclesiastical Benefice 
within Our said Province, by virtue of the said Act passed in the present year of Our 
Reign and of Our Commission to you, without a proper Certificate from the Bishop of 
Nova Scotia or his Commissary, of his being conformable to the Doctrine and Discipline 
of the Cnurch of England. 

55. And you are to take especial Care that a Table of Marriages established by 
the Canons of the Church of England be hung up in all Places of Public Worship 
according to the Rites of the Church of England. 

56. It is Our Royal Intention that the Peltry Trade of the Interior Country 
shall be free and open to all Our Subjects, Inhabitants of any of Our Colonies, who 
shall, pursuant to what was directed by Our Royal Proclamation of 1763 obtain trading 
Licences from the Governors of any of Our said Colonies under Penalties to observe 
such Regulations as .shall be made by Our Legislature of Our Province of Lower Canada 
for that Purpose — These Regulations therefore, when established, must be made Public 
throughout all Our American Possessions ; and they must have for their Object the 
giving every possible facility to that Trade which the nature of it will admit, and which 
may be consistent with fair and just dealing towards the native Indians with whom 
it is carried on ; The fixing stated times and places for carrying on the Trade and ad- 
justing Modes of settling Tarriffs of the Prices of Goods and Furrs, and above all the 
restraining the Sale of Spirituous Liquors to the Indians, will be the most probable and 
effectual Means of answering the ends proposed. * 

57. The Fisheries on the Coast of Labrador and the Islands adjacent thereto, are 
Objects of the greatest Importance, not only on account of the Commodities they produce, 



16 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

but also as Nurseries of Seamen upon whom the Strength and Security of Our Kingdom 
depend. 

58. Justice and Eijuity demand that the real and actual property and possession 
of the Canadian Subjects which existed at the time of the Cession of the said Province 
on that Coast, should be preserved entire, and that they should not be molested or 
hindered in the Exercise of any Sedentary Fisheries they may have established there. 

59. Their Claims however extend to but a small district of the Coast, on the 
greatest part of which District, a Cod Fishery is stated to be impracticable. 

60. On all such parts of the Coast where there are no Canadian possessions, and 
more especially where a valuable Cod Fishery may be carried on, it will be your Duty 
to make the Interest of Our British Subjects going out to fish there in Ships fitted out 
from Great Britain, the first Object of your Care, and as far as circumstances will 
admit to establish on that coast the Regulations in favour of British fishing Ships which 
have been so wisely adopted by the Act of Parliament passed in the Pi.eign of King 
William the Third, for the Encouragement of the Newfoundland Fishery, and by the 
several Acts passed in the 15, 26, 28 and 29 years of Our Reigu for that purpose : And 
you are on no Account to allow any Possession to be taken, or Sedentary Fisheries to be 
established upon any parts of the Coast that are not already private Property by any 
Persons whatever, except only such as shall produce annually a certificate of their 
having fitted out from some Port in Great Britain. 

61. Whereas it will be for the general Benefit of our Subjects carrying on the 
Fishery in the Bay of Chaleurs in Our Province of Lower Canada, that such Part of the 
Beach and Shore of said Bay as is ungranted, should be reserved to Us, Our Heirs, and 
Successors, it is therefore Our Will and Pleasure that you do not in future direct any 
Survey to be made or Grant to be passed for any part of the ungranted Beach or Shore 
of the said Bay of Chaleurs, except such parts thereof as by Our Orders in Council dated 
the 29th of June and 21st of July 1786 are directed to be granted to John Shoolbred 
of London, Merchant, and to Messrs. Robin, Pipon and Company of the Island of Jersey 
Merchants, but that the same be reserved to Us, Our Heirs and Successors, together 
with a Sufficient Quantity of Wood Land adjoining thereto, neressary for the purpose 
of carrying on the Fishery ; The Limits of such Wood Land so to be reserved to be 
determined upon and ascertained by you and Our Executive Council for Our said 
Province of Lower Canada, in such manner as from the most authentic Information 
shall appear to you and them most convenient and proper for that purpose — It is never- 
theless Our Intention, and We do hereby signify to you Our Will and Pleasure, that the 
free use of such Beach or Shore, and of the Wool Land so to be reserved, shall be allowed 
by you or any Person authorized by you, to such of our Subjects as shall resort thither 
for the purpose of carrying on the Fishery in such proportions as the number of 
Chaloups he or they shall respectively employ may retjuire ; Provided that, if any 
Fishermen who shall have permission to occupy any part of the said Beach or Shore, and 
Wood Land for the purpose of said Fishery, shall not during any one Season continue 
so to occupy and employ any part of the said Beach or Shore, and Wood Land so allotted 
to him, you or any Person authorized by you as above may and shall allow the use of 
such part to any other Fisherman who shall apply for the same for the purpose of carrying 
on the Fishery. And Whereas it may be necessary to establish local Regulations to 
prevent Abuses as well as disputes and Misunderstandings between the Fishermen 
resorting to the said Beach or Shore, it is Our Will and Pleasure that you, by and with 
the Advice and Consent of Our Executive Council, do frame such Regulations from 
time to time as to vou shall appear necessary to answer those salutary purposes, and 
that you transmit the same to Us through one of Our principal Secretaries of State for 
Our Pleasure therein, and Copies thereof to Our Committee of Our Privy Council for 
Trade and Foreign Plantations by the first opportunity. 

62. And Whereas it is expedient for Our Service that We should from time to time 
be informed of the state of the Trade and Fisheries, as well as of the Population of Our 
said Province of Lower Canada, It is Our Will and Pleasure, that you do transmit to 
Us through one of Our Principal Secretaries of State, and to Our Committee of Our 
Privy Council for Trade and Foreign Plantations for their Infoi-mation, yearly and 



INSTRUCTIONS TO GOVERNORS 17 

SESSIONAL PAPER No. 18 

every year, a full and particular Account of the State of the Fur and Peltry Trade, The 
nature and Extent of the several Fisheries carried on by Our Subjects or others, either 
on the Coasts Lakes or Rivers of the said Province, the State of the Cultivation, 
particularly specifying the Quantity of Grain, Hemp, and Flax produced, and of any 
other important Branch of Trade which may in your opinion be undertaken and 
advantageously carried on by Our Subjects ; the number of Inhabitants, distinguishino' 
them under different heads, of Men, Women, and Children, inserting in such Account the 
number of Persons born, christened, and buried, and any extraordinary Influx, or Emi- 
gration from Our said Province, specifying at the same time the number of Slaves, and 
the number of Our Subjects capable of bearing Arms in the Militia, The Number and 
Tonnage of Shipping and Craft employed upon the Lakes or Rivers in or contiguous 
to the Province of Upper Canada, and of the Number and Tonnage of the Shipping 
entering inwards or clearing outwards from the Ports of Our Province of Lower 
Canada ; together with any other Information on these or any othei points of the like 
nature which may be proper to be communicated to Us. 

63. And Whereas for some years past, the Governors of some of Our Plantations 
have seized and appropriated to their own use, the produce of Whales of several kinds 
taken upon those Coasts, upon pretence that Whales are Royal Fishes, which tends 
greatly to discourage that Branch of Fishery in Our Plantations, and to prevent Persons 
from settling there — It is therefore Our Will and Pleasure that you do not pretend to 
any Claim nor give any manner of Discouragement to the Fishery of Our Subjects upon 
the Coasts of the Province under your Government, but on the contrary that you give 
all possible Encouragement thereto. 

64. And Whereas you will receive from Our Commissioners for executing the 
Office of High Admiral of Great Britain, and of the Plantations, a Commission constitut- 
ing you Vice Admiral of Our said Province of Lower Canada, you are required and 
directed carefully to put in execution the several Powers thereby granted you. 

65. And Whereas We are desirous that Our Subjects in the Plantations should 
have the same ease in obtaining the Condemnation of Prizes there as in this Kingdom, 
You are to signify Our Will and Pleasure to the Officers of Our Admiralty Court in 
Lower Canada, that they do not presume to demand or exact other Fees than what are 
taken in this Kingdom, which amount to about Ten Pounds for the Condemnation 
of each Prize, according to the List of such Fees. 

66. And there having been great Irregularities in the manner of granting Com- 
missions in the Plantations to private Ships of War, you are to govern yourself when- 
ever there shall be occasion according to the Commission and Instructions granted in 
this Kingdom, but you are not to grant Commissions of Marque or Reprisal against any 
Prince or State in amity with Us to any Person whatsoever, without Our Special Com- 
mand, and You are to oblige the Commanders of all ships having private Commissions 
to wear no other Colours than such as are described in an Order in Council of the 7th 
January 1730, in relation to Colours to be worn by all Ships of War. 

67. Whereas Commissions have been granted unto several Persons in Our respective 
Plantations in America for trying Pirates in those parts pursuant to the several Acts 
for the more effectual Suppression of Piracy ; and a Commission will be prepared empow- 
ering You as Our Captain General and Governor in Chief of Our Province of Lower 
Canada, with others therein mentioned to proceed accordingly in reference to the said 
Province ; Our Will and Pleasure is, that in all matters relating to Pirates, you govern 
yourself according to the Intent of the said Acts. 

68. Whereas it is absolutely necessary that We be exactly informed of the State 
of Defence of all Our Plantations in America, as well as in relation to the Stores of War 
that are in each Plantation, as to the Forts and Fortifications there, and what more 
may be necessary to be built for the Defence and Security of the same — You are from 
time to time to transmit an Account thereof with relation to Our said Province of Lower 
Canada in the most particular manner, and you are therein to express the present State 
of the Arms, Ammunition, and other Stores of War belonging to the said Province either 
in any Public Magazines or in the hands of private Persons, together with a State of all 
Places either already fortified or that you may judge necessary to be fortified for the 
Security of Our said Province, and you are to transmit the said accounts to us by one 

18—2* 



18 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

of Our Principal Secretaries of State, and also Duplicates thereof to Our Master General 
or Principal Officers of Our Ordnance, which Accounts are to express the particulars 
of Ordnance Carriages, Balls,Powder, and all other Sorts of Arms and Ammunition now 
in Our public Stores, and so from time to time of what shall be sent to you or bought 
with the Public money, and to specify the time of the disposal and the occasion thereof, 
and other like accounts half yearly in the same manner. 

69. And in case of Distress of any other of our Plantations, you shall upon Appli- 
ca,tion of the respective Governors thereof to you, assist them with what aid, the Con- 
dition and Safety of Our said Province under your Government can spare. 

70. If any thing shall happen which may be of Advantage or Security to Our 
Province under your Government, which is not herein or by your Commission provided 
for ; We do hereby allow unto you with the Advice and Consent of Our said Executive 
Council, to take order for the present therein, provided nevertheless that what shall 
be done be not repugnant to the said Acts passed in the 14th and in the present year 
of Our Reign, giving unto Us, by one of Our Principal Secretaries of State speedy 
notice thereof, that you may receive Our Ratification if We shall approve the same, 
Provided always that you do not by Colour of any Power or Authority hereby given 
you, commence or declare War without Our knowledge and particular Commands therein, 
except it be for the purpose of preventing or repelling Hostilities, or unavoidable 
Emergencies wherein the consent of Our Executive Council shall be had, and speedy 
notice given thereof to Us, by one of Our Principal Secretaries of State. 

71. And Whereas We have by the first Article of these Our Instructions to you 
directed and appointed that your Chief Residence shall be at Quebec ; You are never- 
theless frequently to visit the other parts of Your Government in order to inspect the 
management of all Public affairs, and thereby the better to take Care that the Govern- 
ment be so administered that no disorderly Practice may grow up contrary to Our 
Service and the Welfare of Our Subjects. 

72. And Whereas Wq are desirous that a proper Provision should be made for the 
support of Our Government within Our said Province of Lower Canada, We do there- 
fore hereby declare it to be Our Royal Intention that the following Annual Salaries 
and Allowances be discharged and paid out of any Revenues arising to Us within the 
same, or out of such monies as shall be granted or appropriated to the Uses and Services 
of Our said Province of LoAver Canada, that is to say : — 

To the Governor Per Annum £2,000 

Lieut. Governor " 1,-500 

Chief Justice, " 1 200 

6 Judges of Common Pleas — £500 each 3,000 

Judge of the Admiralty 200 

Attorney General 300 

Clerk of the Crown and Pleas 100 

Two Sheriffs at £100 each 200 

Secretary k Register . . 400 

Clerk of the Council 100 

Surveyor of Lands 300 

Surveyor of Woods 200 

Commissary for Indians 300 

Captain of the Port ...... 100 

Naval Officer 100 

Receiver General of the Revenues 400 



Nine Executive Councillors at £100 each 900 

A Grand Voyer . . 200 

French Secretary 200 

4 Ministers of the Protestant Church at £200 per ann. each 800 

One Minister of the Church of England settled at Sorel , . 100 

One Schoolmaster , 100 



INSTRUCTIONS TO GOVERNORS 19 

SESSIONAL PAPER No. 18 

Allowance to the Person licensed to superintend the 

Romish Church . '^200 

Pensions to the Officers of a Corps of Canadians employed 
in the last War and discharged without any Allowance, 
as follows, viz. : — 

To Mr. Rigauville Commandant of said Corps 200 

Five Captains at £100 each 500 

Ten Lieutenants at £50 , . . . . 500 

Commandant of the Savages ... , 100 

To Annual Contingent Expenses 1,000 



73. And Whereas We have made sufficient Provision for the Support of Our 
Lieutenant Governor of Our said Province of Lower Canada for the time being by the 
Allowance inserted in the foregoing Estimate ; It is Our Will and Pleasure when it 
shall happen that you shall be absent from Our said Province, that no part of the Salary, 
or any Perquisites and Emoluments which are due unto You, shall during the time of 
your absence be claimed by or paid and satisfied to such Lieutenant Governor : And 
it is Our further Will and Pleasuie, that, if Our Lieutenant Governor of Our said 
Province of Lower Canada should happen to die during such Your absence, and the 
administration of the Government thereby, or otherwise devolve on the President or 
Eldest Member of Our Executive Council, or on such other executive Councillor, as by 
virtue of Our commission in that behalf shall be appointed by you, under the Great 
Seal of Our said Province, to the administration of the Government thereof, such 
President or Councillor shall during his continuing in the Chief Command, receive the 
Salary or Allowance hereby provided for Our Lieutenant Governor, and no other Allow- 
ance, Perquisite, or Emolument whatever. 

74. And Whereas great Prejudice may happen to Our Service, and to the Security 
of Our said Province by the Absence of you Our Governor in Chief, or Our Lieutenant 
Governor for the time being, you shall not upon any pretence whatsoever come to 
Europe without having first obtained leave for so doing from Us under Our Sign 
Manual and Signet, or by Our Order in Our Privy Council. 

75. And Whereas We have thought fit by Our Commission to direct that, in case 
of Y'^our Death or Absence from Our said Province, and in case there be at that time 
no Person commissionated or appointed by Us to be Our Lieutenant Governor, the 
eldest Executive Councillor who shall be at the time of Your Death or Absence residing 
within Our said Province of Lower Canada, subject to such other Nomination and 
appointment by you under the Great Seal of Our said Province as in Our said Com- 
mission is in that behalf mentioned, shall take upon him the Administration of the 
Government, and execute Our said commission and Instructions and the Several Powers 
and Authorities therein contained in the manner therein directed — it is nevertheless 
Our express Will and Pleasure, that in such case the said President shall forbear to 
assent to any Acts but what are immediately necessary for the Welfare of Our said 
Province without Our particular order for that Purpose, and that he shall not take upon 
him to dissolve the Assembly then in being, nor to remove or to suspend any of the 
Members of Our said Executive Council, nor any Judge, Justices of the Peace or other 
Officer Civil or Military without the Advice and Consent of the majority of the said 
Executive Council ; and the said President is by the first opportunity to transmit to L'^s 
by one of Our Principal Secretaries of State, the reasons for such Alterations signed by 
him and Our Council — And Our Will and Pleasure is, that the above instructions with 
respect to such President shall also be equally observed by and binding upon such 
other Executive Councillor as m.ay be nominated and appointed by you under the Great 
Seal of Our said Province, by virtue of our said Commission in that behalf. 

76. And Whereas by Our different Commissions We have appointed you to be Our 
Governor and Commander in chief of Our Province of Upper Canada, Lower Canada, 
and of Our Province of Nova Scotia, including the Islands of St. John and Cape Breton, 
as well as of Our Province of New Brunswick, and it is Our Intention that the 
Lieutenant Governors commanding in the said Province of Nova Scotia and New- 
Brunswick, and Upper Canada should have and enioy the full Salaries, Perquisites and 

18— 2i* 



20 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

Emoluments granted to them and arising from the respective Governments in as full and 
ample a manner as if the said Governments were under distinct Governors in Chief ; it 
is therefore Our Will and Pleasure that you shall not at any time or times when you shall 
be resident and commanding in chief in either of Our said Provinces of Upper Canada, 
Nova Scotia, and New Brunswick have or receive any part of the said Salaries, Per- 
quisites or Emoluments, but that the same shall continiie to be paid and satisfied to the 
Lieutenant Governors of the said Provinces respectively in like manner as they usually 
are during your Absence therefrom. 

77. And you are upon all occasions to send to Us by one of Our Principal Secre- 
taries of State a particular Account of all your Proceedings and of the Condition of 
Affairs within Your Government. G. R. 

Endorsed : Instructions for the Right Honourable 

Lord Dorchester, Governor of Lower Canada. 
Dated 16th September, 179L 

[L.S.] 

GEORGE R. 

§ Orders and Instructions to Our Right Trusty and Welbeloved 

O" Guy Lord Dorchester, Knight of the Most Honourable Order 

w^ of the Bath, Our Captain General and Governor in Chief in and 

_o «>- over Our Province of Lower Canada, in Pursuance of several Laws 

o I relating to the Trade and Navigation of Our Kingdoms of Great 

^ oo Britain and Ireland and Our Colonies and Plantations in America. 

g '-' Given at Our Court at St. James's the Sixteenth Day of September 

^ 1791, In the Thirty first Year of Our Reign. 

d 

d . 

Fiust. You shall inform yourself of the several Lnws relating to the Plantation 

Trade, and for the Encouragement of the Trade & Navigation of Our Kingdoms of 

Gx-eat Britain and Ireland, and shall take the Oath ordained by Law, to do your utmost, 

that all the Clauses Matters and Things therein contained, or which shall be enacted in 

any Act of Parliament hereafter to be made, I'elating to Our Plantation, or to the Trade 

tt Navigation of Our said Kingdoms, be punctually and bona fide observed according 

to the true Intent and meaning thereof, and in particular you are to take especial Care, 

that the several Acts of Parliament of Great Britain for allowing the Importation & 

Exportation, of certain Goods, Wares, and Merchandize into and from Our Kingdom 

of Ireland, from and to Our Plantations in America, in like manner as the same are 

exported & imported from and into Our Kingdom of Great Britain from the said Plan- 

ations be strictly complied with in your Government. 

2. And whereas an Act was passed in the Twenty-sixth Year of Our Reign, 
intituled, " An Act for the further Increase and Encouragement of Shipping and 
" Navigation" It is Our Will and Pleasure that you do cause the Provisions of the said 
Act to be strictly enforced within your Government : And you are to be particularly 
attentive to such Duties as are therein required to be done aud performed by you, so 
that the Regulations thereby made and enacted be punctually complit'd with. 

3. And whereas the Colonies and Provinces of New Hampshire, Massachusets' 
Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, the three lower 
Counties on the Delaware, Maryland, Virgina, North Carolina, South Carolina and 
Georgia, were by the provisional Articles of Peace concluded at Paris, on the 30th of 
November 1782, and also by the Definite Treaty signed on the 3rd of September, 1783, 
declared free and Independent States, by the Name of the United States of America ; 
And whereas by an Act made in the Twenty third Year of Our Reign, intituled, " An 
" Act for preventing certain Instruments from being required from Ships belonging to 
"the United States of America, and to give to His Majesty for a limited time certain 
" Powers for the better carrying on Trade and Commerce, between the Subjects of His 
" Majesty's Dominion, and the Inhabitants of the said United States." It was enacted 



INSTRUCTIONS TO GOVERNORS 21 

SESSIONAL PAPER No. 18 

that during the Continuance of that Act, it should be lawful for Us in Council, by 
Order, or Orders to be issued and published from time to time, to give such Directions, 
and to make such Regulations with respect to Duties, Drawbacks, or otherwise for 
carrying on the Trade k Commerce between the People and Territories belonging to Our 
Crown, li: the People and Territories of the said United States, as to Us in Council should 
appear most expedient and salutary, any Law, Usage, or Custom to the contrary not- 
withstanding ; the Provisions of which said recited Act have been continued lV: enforced 
by several other Acts since passed ; And Whereas in pursuance of the Powers vested in 
Us, by the Acts of Parliament aforesaid, We by several Orders issued by Us, in Our 
Council, have made such Regulations and given such Directions, for regulating the 
Trade between Our Dominions i the said United States, as the Interest and Welfare 
of Our Subjects, & the Preservation and ^Encouragement of the Trade and Navigation of 
Our Kingdoms, have from time to time made necessary and expedient and particularly 
by that of the 4th of April, 1787, by which We did make certain Regulations with respect 
to the Importation of Goods k Merchandize the Growth and Produce of the United 
States of America, into Our Territories and IRlands in the West Indies, It is therefore 
Our Will and Pleasure, that you do in all things conform yourself, as well to the Provisions 
of the above mentioned Acts of Parliament, as to the Regulations and Directions 
contained in Our said Orders in Council ; or such further Regulations and Directions, 
as may be contained in any future Order or Orders made by Us in Council, for the 
purposes aforesaid, & that you do give the proper Orders to the several Officers 
concerned, that due Obedience be paid thereunto. 

4. You shall take Care that the Naval Officers within your Government, do give such 
Security to the Commissioners of Our Customs, for the true and faithful Performance 
of their Duty, as is by law required. 

5. And whereas it is necessary for the greater Convenience of Merchants and others, 
that the Naval Officers and the Collectors of the Customs should reside at the same 
Ports or Towns, you are therefore to take Care that this Regulation be observed, and 
to consult with the surveyor (xeneral of Our Customs in what Place, it may be most 
convenient to have the Custom House fixed, for the Dispatch of Business, if the same 
shall not have been already done, and to take Care that the Collector and Naval Officer 
reside within a convenient Distance of the Custom House. 

6. You shall every three Months or oftener, as there shall be Opportunity of Con- 
veyance, transmit to the Commissioners of Our Treasury, or Our High Treasurer for the 
time being, and to the Commissioners of Our Customs in London, a List of all the Ships 
and Vessels trading in your Government according to the Schedule hereunto annexed, 
together with a List of the Bonds taken in pursuance of the several Acts herein before 
mentioned ; And you shall cause Demand to be made of every Master, at his clearing 
of an Invoice, of the Contents and Quality of Lading etc., according to the Schedule 
hereunto also annexed ; And you shall moreover direct the several Naval Officers within 
your Government, to furnish you with Quarterly Lists of such Ships and Vessels, together 
with the Tonnage and the Names of the Masters and Owners thereof, and of the 
Cargoes according to the Schedule before mentioned, which you are to transmit to 
Us thro' one of Our principal Secretaries of State, by the first Opportunity that shall 
ofier, after the Expiration of such Quarter ; And it is Our Will and Pleasure, that you 
be particularly attentive to Our Directions in this respect, and that you do take due 
Care, that the several Naval Officers do strictly comply therewith. 

7. You shall give Directions that the Surveyor General of the Customs for the 
District in which Your Government lyes, be permitted to have recourse to the said 
Bonds, as well as to the Book or Books, in which they are, or ought to be entered, 
& to examine, as well whether due Entry be made, as whether they are regularly taken 
& discharged ; And where it shall appear that Bonds are not regularly discharged, you 
are to order that such Bonds be put in suit. 

8. You shall not Assent to any Act of Asseml^ly, or allow any Usage to prevail 
within Your Government, which shall be repugnant to the Acts of Parliament herein 
before mentioned, or to any that may hereafter be made, as far as the same relate to 
Our Plantations in America. 



22 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

9. You sliall be aiding and assisting to the Collectors, it other Officers of Our 
Customs appointed or who shall hereafter be appointed by the Commissioners of Our 
Customs in this Kingdom, by and under the Authority and Direction of the Com- 
missioners of Our Treasury, or Our High Treasurer for the time being ; and also to the 
Officers of the Court of Vice Admiralty in your Government appointed, or who shall 
hereafter be appointed, by Our High Admiral of Great Britain, or Commissioners for 
executing the office of High Admiral, or by you, or Our Commander in Chief for the 
time being, as Vice Admiral within your said Government, in putting in Execution the 
several Acts of Parliament before mentioned ; And you shall cause due Prosecution 
of all such Persons as shall anyway resist, or hinder any of the said Officers of Our 
Admiralty, or Customs, in the Performance of their Duty. 

10. Whereas the Commissioners appointed for collecting the Six Pence per Month, 
from Somen's Wages for Our Royal Hospital at Greenwich, pursuant to the Act of 
Parliament for that purpose, have given Instructions to their Receivers in foreign Parts 
for their Conduct therein. It is Our Will and Pleasure, that you be aiding and assisting 
to the said Receivers in your Government, in the due Execution of their Trusts. 

11. You shall take Care that upon any Actions, Suits and Informations that shall be 
brought, commenced or entered in any Court within your Government, upon any Law, 
or Statute, concerning Our Duties, or Ships, or Goods to be forfeited, by reason of any 
unlawful Importation, or Exportation, there be not any Jury impannelled, but of such 
as are Natives of Great Britain, Ireland, or some of Our Plantations and entitled by 
Law, to the Privileges of British Subjects. 

12. You shall from time to time advise the Commissioners of Our Customs in 
London of all Failures, Neglects, Frauds and Misdemeanors of any of the Officers of Our 
Customs within your Government, and shall also communicate to them, all occurences 
which you may think necessary for their Information, relating either to any of the Acts 
hereinbeforementioned, or to Our Revenue, under their Management. 

13. If you shall discover that any Persons, claiming Right or Propriety in any 
Island, or Tract of Land in America, by Charter, Letters Patent, or other Grant, shall 
at any time hereafter, alien, sell, or dispose of such Right, or Propriety other than to 
Our natural born Subjects of Great Britain, Ireland or Our Plantations in America, 
without the License or Consent of Us, Our Heirs k Successors, signified by Our or 
Their Order in Council first had and obtained, you shall give Notice thereof to Us, 
thro' one of Our principal Secretaries of State, and to the Commissioners of Our 
Treasury, or Our High Treasurer of Great Britain for the time being. 

14. And whereas notwithstanding the many good Laws made from time to time, 
for preventing Frauds in the Plantation Trade, it is manifest that very great Abuses 
have been, and still continue to be practised, to the Prejudice of the same, which Abuses 
must needs arise either from the Insufficiency, or Insolvency of those Persons who are 
accepted as Securities, in Bonds required b}' Law, or from the Remissness, or Con- 
nivance of Our Governors, who ought to take due Care that those Persons who execute 
such Bonds should be sued for Breaches of the Conditions of sich Bonds, you are to 
take Notice that We consider the Good of Our Plantations and the Improvement of the 
Trade thereof, by a strict and punctual Observance of the several Laws in force concern- 
ing the same, to be of so great Importance to the Benefit of this Kingdom, and to the 
advancing of the Revenue of Our Customs, that, if We shall hereafter be informed that 
at any time there shall be any Failure in the due Observance of those Laws, and of 
these present Instructions, by any wilful Neglect or Fault on your Part, we shall 
esteem such Neglect to be a Breach of the same ; And We think proper to apprize you, 
that it is Our fixed and determined Will and Intention, to remove you, or Our Com- 
mander in Chief for the time being, from your Employments, for any such offence, and 
that We will strictly levy and intiict as well the Fine of One Thousand Pounds, imposed 
by an Act passed in the Seventh & Eighth of King William the Third, Chap : 22d as 
all other Fines, Forfeitures, Pains and Penalties, to which you shall for such OflFence 
be liable by any Acts of Parliament now in force, or otherwise — And that you will 
further on the same account receive the most rigourous Marks of Our Highest 
Displeasure. 

G. R. 



IXSTBUGTIOyS TO GOVERNORS 



23 



SESSIONAL PAPER No. 18 



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INSTRUCTIONS TO GOVERNORS 25 

SESSIONAL PAPER No. 18 

Endorsed : Trade Instruction'; For the Right Honble. Lord Dorchester K.B. 
Governor of Lower Canada. Dated 16th September, 1791. 

N.B. — Similar Instructions were Signed and bearing the same date for his Lord- 
ship as Governor of Upper Canada. 

GEORGE R. 

[L.S.] 

J. 2 Additional Instruction to Our Right Trusty & Wellbeloved Guy 

^ 3 Lord Dorchester, Knight of the Most Honourable Order of the 

% Bath, Our Captain General ife Governor in Chief in and over 

O*^^ Our Province of Lower Canada, &c., ifec, in America, or to the 

O ^ Lieutenant Governor or Commander in Chief of our said Province 

^ j^ for the Time being. Given at our Court at St. James's 26th day 

^ of December 1791, In the Thirty second year of Our Reign. 

Whereas We did by our General Instructions to you bearing date at St. James's 
the Sixteenth day of Septemr. 1791, declare our Royal Will & Pleasure that Sundry 
Salaries & Allowances therein mentioned should be discharged & paid out of any 
Revenues arising to us out of our said Province of Lower Canada, or out of such 
Monies as should be granted or appropriated to the Uses & Services of our said 
Province. And we having thought fit by our Warrant under our Signet and Sign 
Manual bearing date the twenty sixth day of December 1791, to authorize and require 
you to cause Letters Patent to be passed under the Seal of Our said Province, constitut- 
ing k appointing Our Trusty and Wellbeloved William Pollock Esqr, Clerk of the 
Crown of and in our said Province ; And Whereas the said William Pollock hath 
heretofore received over and above the Salary of one hundred pounds per ^annum as 
Clerk of the Crown of the late Province of Quebec, the further Sum of two hundred 
pounds p annum ; And it being Our Intention that the said Allowance of two hundred 
pounds pr Annum, should be continued unto him for certain good Causes and Con- 
siderations ; It is Our Will and Pleasure and We do hereby direct i' appoint that the 
said Salary & Allowance of two hundred pounds pr Annum, in addition to the One 
hundred pounds pr ann., which We have directed to be paid to him as Clerk of the 
Crown by the Seventy second Article of our General Instructions to you, should be 
paid to him, until such time as Our further Royal Pleasure shall be signified to you. 

G. R. 
GEORGE R. 



c 



Additional Instruction to our Right Trusty and welbeloved Guy 
% > Lord Dorchester Knight of the most Honourable Order of the 

s ^ Bath, our Captain General and Governor in Chief in and over 

^^ our province of Lower Canada in America Given at our Court 

^^ at Saint James's the 18th day of November 1793 in the Thirty- 

^ ^ fourth year of our Reign. 

Whereas our will and pleasure has been Signified in the 25th Article of. our 
Instructions to you as our Captain General and Governor in Chief in and over our 
province of Lower Canada bearing date the 16th day of September 1791 "That no 
" warrants for Surveying Lands be granted by you, or the Lieutenant Governor or person 
" administering the Government for the time being unless the person or persons applying 
" for the same do at the time of making such Apphcation besides taking the usual Oaths 
" directed by Law also make and subscribe the following declaration in your or his 
"presence or in the presence of such person or persons as shall by you or him be 
"appointed for that purpose, viz. : I, A. B., do promise and declare that I ivill maintain 
"and defend to the utmost of my poiver, the Authority of the King in his parliament, as 
*' the Supreme Legislature of this pirovince." 



26 CA NA DIA N A RCHI VES 

5-6 EDWARD VII., A. 1906 

And Whereas there has been laid before us a petition presented in your absence 
to the Lieut. Governor of our said province in Council by certain of our Subjects 
of the people called Quakers praying that as they conscientiously decline wearing and 
bearing arms, and swearing in any case whatever The words " Swear and defend" ♦in 
the above Oath may be dispensed with in regard to persons of their Society applying for 
Grants of Lands, It is therefore our Will and pleasure notwithstanding the aforesaid 
Article in our Instructions to you as aforesaid, that in the case of Quakers applying for 
Grants of Lands it shall be sufficient (if there be no other objection to making such 
Grants) that the Quakers so applying do make and Sign a declaration acknowledging the 
authority of us our Heirs and Successors in our parliament of Great Britain, as the 
Supreme Legislature of our province of Lower Canada, and declaring that they will 
demean themselves as peaceable and local (loyal) Subjects to us our heirs and Successors 
accordingly. G. R. 

GEORGE R. 



Instructions to Our Trusty and Wei beloved Robert Prescott Esqre, 
Lieutenant General of Our lorces Captain General and 
Governor in Chief of Our Province of Lower Canada in 
America, or in his absence to the Lieutenant Governor or 
Commander in Chief of our said Province for the Time being 
Given at our Court at St. James's the 6th day of July 1797. 
In the Thirty Seventh year of Our Reign. 



Whereas by Our General Instructions to Our Captain General or Governor Com- 
manding in Chief in and over Our Province of Lower Canada bearing date at St. 
James's the 16th day of September 1791. it is declared amongst other Things to be Our 
Will and Pleasure that in all Grants of Land to be made by him, a Clause be inserted 
reserving to Us, Our Heirs and Successors, all Coals and also all Mines of Gold, Silver, 
Copper, Tin, Iron and Lead which shall be discovered upon such Lands. Now Our Will 
and Pleasure is that in all Grants of Lands which shall be made within Our saidProvince, 
a Clause be inserted (in lieu of the Clause above mentioned,) reserving to Us, Our Heirs 
and Successors all Mines of Gold and Silver only which shall be discovered upon such 
Lands ; Provided nevertheless, and it is Our further Will and Pleasure that in such 
Particular Grants of Land, which may be made in Our said Province, in respect whereof 
you shall be of opinion that it will be for the Publick Interest, that Coals and all Mines 
of Copper, Tin, Iron and Lead discovered therein should be reserved to Us, Our Heirs 
and Successors, such Clause of Reservation be inserted therein as is contained in this 
behalf in the above recited Instructions bearing date as above mentioned. 





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Similar Instruction sent to Mr. President Russel, of the same date. 
GEORGE R. 



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> Instruction to Our Trusty and Welbeloved Robert Prescott Esqr, Lieu- 

_; tenant General of Our Forces Captain General and Governor in 

. § Chief of our Province of Lower Canada in America, or in his absence 

\ to the Lieutenant Governor or Commander in Chief of Our said 

d ^ Province for the Time being — Given at Our Court at Saint James's 

^ the 15th Day of August 1797 In the Thirty Seventh year 

,j- of Our Reign. 

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IXSTBUCTIOXS TO GiJVERNORS 27 

SESSIONAL PAPER No. 18 

Whereas by Our General Instructions to Our Captain General and Governor com- 
manding in Chief in and over Our Province of Lower Canada bearing date at St. 
James's the 16th Day of September 1791. It is declared amongst other Things to be Our 
Will it Pleasure, that the Townships therein mentioned and the re.spective Allotments 
within the same, together with the Lands to be reserved as therein aforesaid shall be 
run and laid out by Our Surveyor General of Lands for the said Province, or some 
skilful person authorized by him for that purpose, which Surveys, together with the 
Warrants and Grants for the respective Allotments shall be made out for and delivered to 
the several Grantees free of any Expense or Fees whatsoever other than such as may 
be payable to the diflferent Officers according to the Table of Fees already established 
upon Grants of Land made in the said Province Now Our Will and Pleasure is, that 
the said Townships therein mentioned and the respective Allotments within the same, 
together with the Lands to be reserved as therein aforesaid shall be run and laid out by 
Our Surveyor General of Lands for the said Province, or some skilful Person authorized 
by him for that purpose, which Surveys together with the Warrants and Grants for the 
respective Allotments shall be made out for and delivered to the several Grantees on 
Payment of such Fees as shall from time to time be established by Us under Our Signet 
and Sign Manual or by our Order in that behalf signified by one of Our Principal 
Secretaries of State. 

G. R. 

Similar Instruction of the same date to the Governor or Com- 
mander in Chief of the Province of Upper Canada. 

Additional Instruction to the Governor, Lieutenant Governor, or 
the Person administering the Government of Our Province 
of Lower Canada for the time being. Given at Our Court at 
Saint James's the Sixteenth day of July 1800, in the Fortieth 
Year of Our Reign. 



Whereas We judge it to be conducive to the better Regulation of Our Concerns 
with the Indian Nations within Our Province of Lower Canada, that the same should 
be conducted by the Person exercising the Government of Our said Province for the time 
being ; it is therefore Our Will and Pleasure that you do take upon you the Conduct and 
Management of Our Concerns with the said Indians within the Province of Lower 
Canada ; and that you do from time to time give to all Persons whom it may concern 
such Directions for the due Execution of these Our Instructions as occasion may require, 
such Directions nevertheless to be subject to any special Orders directed to you from 
such Person as shall at any time be constituted and appointed by Us to be Governor 
General of Our Provinces in North America. — And it is Our Will and Pleasure that all 
Persons holding Commissions in the Indian Department within Our Provinces of Lower 
and Upper Canada, so far as the same relates to the Province of Lower Canada, shall 
follow such Orders and Directions as they shall from time to time receive from you in the 
Execution of this Qur Instruction, anything in the said Commissions to the contrary 
notwithstanding. — And you are in case of any vacancy in any Office or Place in the 
said Indian Department within Our Province of Lower Canada to transmit to L^s by 
the first Opportunity through One of Our Principal Secretaries of State, the name of 
such Person, with an Account of his Character and Service, as you shall esteem to be 
best qualified for fulfilling the Duties of such Office, for Our further Directions therein. 

G. R. 





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CANADIAN ARCHIVES 



5-6 EDWARD VII.. A. 1906 



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GEORGE R. 



Instructions to Our Trusty and Wellbeloved Sir James Henry 
Craig Knight of the Most Honourable Order of the Bath Our 
Captain General and Governor in Chief in and over Our 
Province of Lower Canada or in his Absence to Our Lieutenant 
Governor or Commander in Chief of Our said Province for 
the time being Given at Our Court at Saint James's the 
29th day of August 1807 in the Forty seventh Year of Our 
Reign. 






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Sir Jas. Hy. Craig K.B. 
Instructions. 

1st. With these Our Instructions you will receive Our Commission 
under Our Great Seal of Our United Kingdom of Great Britain and Ire- 
land constituting you Our Captain General and Governor in Chief in and 
over Our Provinces of Upper Canada and Lower Canada bounded as in 
Our said Commission is particularly expressed in the execution therefore of 
so much of the Office and Trust We have reposed in you as relates to Our 
Province of Lower Canada you are to take upon you the Administration of 
the Government of the said Province and to do and execute all things belong- 
ing to your Command according to the several Powers and Authorities of Our 
said Commission under Our Great Seal of Our United Kingdom of Great 
Britain and Ireland And of the Act passed in the 31st Year of Our Reign 
therein recited and of these Our Instructions to you and according to 
such further Powers and Instructions to you as you shall at any time 
hereafter receive under Our Signet and Sign Manual or by Our Order in 
Our Privy Council. 

2d. And you are with all due Solemnity before the Members of Our Executive 
Council to cause Our said Commission to be read and published which being done you 
shall then take and also administer to each of the Members of Our said Executive 
Council the several Oaths and subscribe the declaration therein required. 

3d. You shall also administer or cause to be administered the oaths mentioned 
in Our said Commission to all Persons except as hereafter mentioned that shall be 
appointed to hold or exercise any Office or Place of Trust or Profit in Our said Province 
previous to their entering on the Execution of the duties of such Office and you shall 
also cause them to make and subscribe the aforesaid declaration but in case where any 
such Office Place of Trust or Profit in Our said Province of Lower Canada shall be con- 
ferred on any of Our Subjects who may profess the Religion of the Church of Rome, 
You shall, so often as any such person shall, or may be admitted in any such Office, Place 
of Trust or Profit, administer, or cause to be administered to him the Oath prescribed in, 
and by an Act of Parliament passed in the 14th year of Our Reign, Intituled "An 
" Act for making more effectual Provision for the Government of the Province of 
" Quebec in North America " and also the usual Oath for the Execution of such 
Office, Place of Trust or Profit, in lieu of all other Tests and Oaths whatsoever. 

4th. Whereas We have thought fit that there should be an Executive Council for 
assisting you or Our Lieutenant Governor, or Person administering the Government of 
Our said Province of Lower Canada for the time being. We do by these Presents 
nominate, and appoint the undermentioned person, to be of the Executive Council of 
Our said Province. 

And Whereas by an Ordinance passed in the Province of Quebec, the Governor 
and Council of the said Province, were constituted a Court of Civil Jurisdiction for 



INSTBUCTIOXS TO GOVERNORS 29 

SESSIONAL PAPER No. 18 

hearing and determining Appeals in certain cases therein specified, and Whereas, by 
An Act passed in the 31st year of Our Reign, It is declared that the Governor, 
Lieutenant Governor, or Person administering the Government of the said Province, 
together with such Executive Council, shall be a Court of Civil Jurisdictiqn within Our 
said Province for hearing and determining Appeals within the same in the like cases 
and in the like manner, and form and subject to such Appeal therefrom, as such Appeals 
might have been before the passing of the above recited Act, heard and determined by 
the Governor and Council of Quebec. Tn order therefore to carry the said Acts into 
Execution, Our Will and Pleasure is, that you do, in all Civil Causes on Application 
being made to you for that purpose permit and allow Appeals from any of the Court of 
Common Law, in Our said Province, unto you, and the Executive Council of the said 
Province of Lower Canada, in manner prescribed by the above mentioned Act, And 
you are further for that purpose, to issue a Writ, as nearly in the accustomed manner 
before the passing of the above mentioned Act in respect of such Appeals, as the case 
■will admit, returnable before yourself and the Executive Council of the said Province, 
who are to proceed to hear and determine such Appeal, wherein such of the said 
Executive Council as shall be at that time Judges of the Court from whence such 
Appeal shall be so made to you. Our Captain General and to Our said Executive 
Council, as aforesaid, shall not be admitted to vote upon the said Appeal but they may 
nevertheless be present at the hearing thereof, to give the reasons of the Judgment 
given by them in the Causes wherein such Appeal shall be made ; Provided never- 
theless, that in all such Appeals the sum or Value appealed for, do exceed the Sum of 
Thi'ee Hundred Pounds Sterling, and that Security be first duly given by the Appellant 
to answer such Charges as shall be awarded, in case the first Sentence be affirmed : 
and if either Party shall not rest satisfied with the Judgement of you, and such 
Executive Council as aforesaid. Our Will and Pleasure is that they may then Appeal 
unto Us in Our Privy Council, provided the Sum or Value appealed for unto Us, do 
exceed Five Hundred Pounds Sterling, and that such Appeal be made within fourteen days 
after Sentence, and good Security be given by the Appellant that he will efi^ectually pro- 
secute the same, and answer the Condemnation as also Pay such Costs and Damages as 
shall be awarded by Us in case the Sentence of you, and the executive Council be affir- 
med ; Provided nevertheless, where the Matter in Question relates to the taking, or 
demanding any Duty payable to ITs, or to any Fee of Office or Annual Rents, or other 
such like Matters, or Things, where the Rights in future may be bound. In all such 
Cases, you, and the said Executive Council are to admit an Appeal unto Us in Our Privy 
Council, tho' the immediate Sum, or Value appealed for be of a less Value : and it is Our 
further Will and Pleasure, that in all Cases, where, by your Instructions, you are to 
admit Appeals unto Us in Our Privy Council, execution shall be suspended until the final 
determination of such Appeal, unless good and Sufficient Security be given by the 
Appellee to make ample restitution of all that the Appellant shall have lost by means 
of such Decree, or Judgment, in case, upon the determination of such Appeal, such 
Decree or Judgment should be reversed and restitution ordered to the Appellant, You 
and Our Executive Council are also to admit Appeals unto L^s in Our Pi'ivy Council, in 
all Cases of Fines imposed for Misdemeanours provided the Fines so imposed, amount, to 
or exceed the Sum of One Hundred Pounds Sterling, the Appellant first giving good 
Security that He will efiectually prosecute the same, and answer the Condemnation if 
the Sentence by which such Fine was imposed in your Government shall be confirmed. 

5th. And that We ma}^ always be]informed of the Names and Characters of Persons 
fit to supply the Vacancies which may happen in Our said Executive Council, you are, 
in case of any Vacancy in the said Council, to transmit to Us, thro' One of Our Prin- 
cipal Secretaries of State, the Names and characters of such three Persons, Inhabitants 
of Our said Province of Lower Canada whom you may esteem the best qualified for 
fulfilling the trust of such Executive Councillor. 

6th. And in the choice and selection of such persons proposed to fill such 
Vacancy in Our said Executive Council as also of the Chief Officers, Judges, Assistants, 
Justices of the Peace, and other Officers of Justice, you are always to take care that 



30 ' CAXADIAX ARCHIVE^ 

5-6 EDWARD VII., A. 1906 

they be Men of Good Life, well affected to Our Government and of Abilities suitable to 
their Employments. 

7th. And Whereas We are Sensible that effectual care ought to be taken to oblige 
the Members of Our Executive Council to a due attendance It is Our Will and 
Pleasure in order to prevent the many inconveniences which may happen for want of a 
Quorum of the Council to transact Business ay occasion may require that if any of the 
Members of Our said Executive Council residing in Our said Province, shall hereafter 
wilfully absent themselves from the Province, and continue Absent above the Space of 
six Months together, without leave from you first obtained under your hand and seal, 
or shall remain absent for the space of One year without Our Leave, given them under 
Our Royal Signature their places in the said Executive Council shall immediately 
thereupon become Void, And We do hereby Will and require you that this. Our Royal 
Pleasure be signified to the several Members of Our said Executive Council, and that 
it be entered in the Council Books of the said Province as a standing Rule. 

8th. And to the end that Our said Executive Council may be assisting to you in 
all Aftairs relating to Our Service, you are to communicate to them such, and to many 
of these Our Instructions wherein their advice is mentioned to be requisite, and like- 
wise all such others, from time to time, as you shall find it convenient for Our Service 
to be imparted to them. 

9th. You are also to permit the Members of Our said Executive Council to have 
and enjoy freedom of Debate and Vote in all Affairs of Public concern which may 
be debated in the said Executive Council. 

10th. Whereas by the aforesaid recited Act passed in the 31st Year of Our Reign 
it is provided that the Seats of Our Members of Our Legislative Council shall become 
vacant in certain cases mentioned in the said Act, It is Our Will and Pleasure, that if 
any Member of Our said Legislative Council shall at any time leave Our said Province 
and reside out of the same, You shall report the same to L^s by the first opportunity 
thro' One of Our Principal Secretaries of State and you are also in like manner to 
report whether such Member of the said Council is absent by your permission, or by 
the permission of Our Lieutenant Governor, or Commander in Chief of the said 
Province for the time being : and you are also, in like manner to report, if it shall come 
to your knowledge that any such Member shall at any time take or have taken the 
Oath of Allegiance or obedience to any foreign Prince or Power or shall be attainted 
for Treason in any Court of Law within any of our Dominions, that We may take such 
Measures thereupon as We shall think fit And you are to take especial care that the 
several Provisions in the said Act respecting the several Cases in which Persons 
may or may not be entitled to receive Writs of Summons to the said Legislative Coun- 
cil, or to hold their places therein shall be duly executed. 

11th. And for the Execution of so much of the Powers vested in you by Our said 
Commission, and by virtue of the said Act as relates to the declaring that you assent, 
in Our Name, to Bills passed by the Legislative Council and House of Assembly, or 
that you withhold an assent therefrom, or that you reserve such Bills for the signifi:a- 
tion of Our Royal Pleasure thereon. It is Our Will and Pleasure that you do carefully 
observe the following Rules, directions and Instructions, vizt 

That the Style of enacting all the said Laws Statutes and Ordinances, be by Us 
Our Heirs and Successors by and with the advice and Consent of the Legislative 
Council and Assembly of Our Province of Lower Canada, constituted and assembled 
by virtue and under the Authority of an Act passed in the Parliament of Great Britain 
Intituled An Act to repeal certain parts of An Act passed in the 14th year of His 
Majesty's Reign Intituled " An Act for making more effectual Provision for the Gov- 
" ernment of the Province of Quebec in North America, and to make further Provision 
" for the Government of the said Province," and that no Bill in any other form shall 
be assented to by you in Our Name. 

That each different Matter be provided for by a different Law, without including 
in One and the same Act such things as have no proper relation to each other. 

That no Clause be inserted in any Act or Ordinance which shall be foreign to what 
the Title of it imports, and that no perpetual Clause be part of any temporary Law. 



INSTRUCTIONS TO GOVERNORS 31 

SESSIONAL PAPER No. 18 

That no Law or Ordinance whatever be suspended, altered, continued, revived or 
repealed by General Words, but that the Title and Date of such Law or Ordinance 
shall be particularly mentioned in the enacting part. 

That in case any Law or Ordinance respecting private Property shall be passed 
without a saving of the Right of Us, Our Heirs and Successoi's and of all Persons or 
Bodies Politic or Corporate except such as are mentioned in the said Law or Ordinance, 
you shall declare that you withhold your Assent from the same ; and if any such Law 
or Ordinance shall be passed without such Saving, you shall in every such Case declare 
that you reserve the same for the Signification of Our Royal Pleasure thereon. 

That in all Laws or Ordinances for levying Money or imposing Fines, Forfeitures 
or Penalties, express mention be made that the same is granted or re.served to Us, Our 
Heirs and Successors for the Public uses of the said Province, and the support of the 
Government thereof, as by the said Law shall be directed, and that a Clause be inserted 
declaring that the due Application of such Money, pursuant to the directions of such 
Law, shall be accounted for unto Up, thro' One of Our Own Secretaries of State 
for the time being, in such manner and form as We shall direct. 

12th. And Whereas We have by Our said Commission given you full Power and 
Authority, subject as therein is specified, and to these Our Instructions, in that Behalf 
to issue Writs of Summonses and Election, and to call together the Legislative Council 
and Assembly of Our said Province of Lower Canada, and for the purpose of electing 
the Members of the Assembly of Our said Pi'ovince of Lower Canada, have also gi^en 
you full Power and Authority to issue a Proclamation dividing the said Province of 
Lower Canada into districts and Counties, or Circles and Towns, or Townships and 
declaring and appointing the Number of Representatives to be chosen by each of 
such districts or Counties, or Circles and Towns or Townships, Now Our Will and 
Pleasure is that You shall issue' such Proclamation as soon as may be, allowing never- 
theless a reasonable time between the issuing thereof, and the time of issuing the 
Writs of Summons and Election above mentioned. 

13. That all Laws assented to by you in Our Name, or reserved for the signifi- 
cation of Our Royal Pleasure, thereon shall, when transmitted by you, be fairly 
abstracted in the Margins, and accompanied with very full and particular obser- 
vations upon each of them, that is to say whether the same is introductory to a new 
Law, declaratory of former Law, or does repeal a Law then before in being. And you 
are also to transmit, in the fullest manner, the reasons and occasion for proposing 
such Laws, together with fair Copies of the Journals and Minutes of the Proceedings of 
the said Legislative Council and Assembly, which you are to require from the Clerks, 
or other proper Officers in that behalf of the said Legislative Council and Assembly. 
► •■;-14th. And Whereas in the said Act it is provided that, in certain cases Acts 
passed by the Legislative Council and Assembly of the Province shall, previous to any 
signification of Our Assent thereto, be laid before both Houses of Our Parliament of 
this Kingdom, And Whereas it is also provided in the said Act that in certain cases 
Provision may be made by the Acts of the Legislative Council and Assembly of the 
Province, a^ented to by IJs, Our Heirs and Successors, (thereby reversing the Power 
of giviag such Assent to Us, Our Heirs and Successors, only) you ate to take 
especial care that in every such Case, you are to declare that you reserve such Bills 
for the signification of Our Pleasure thereon and you will likewise reserve for such 
signification every other Bill which you shall consider of an extraordinary or unusual 
Nature, or requiring Our special consideration and decision thereupon, particularly such 
as may affect the Property, Credit and Dealings of such of Our Subjects as are not 
usually resident within the said Province or whereby duties shall be laid upon British 
or Irish Shipping, or upon the products or manufactures of Great Britain and Ireland. 
^l3^1^' And Whereas Laws have formerly been enacted in several of Our Plantations 
in America, for so short a time, that Our Royal Assent or Refusal thereof could not be 
had before the time for which such Laws were enacted did expire, you shall not Assent 
in Our Name to any Law that shall be enacted for a less time than two years, except 
in Cases of imminent necessity or immediate temporary expediency ; and you shall 
not declare your Assent to any Law containing Provisions which shall have been dis- 



32 CA NA DIA N A RCHI VES 

5-6 EDWARD VII., A. 1906 

allowed by Us without express leave for that purpose first obtained from Us upon a full 
representation by you to be made to Us, thro' One of Our Principal Secretaries of State, 
for the reasons and necessity for passing such Law. 

16. Whereas We have thought fit by Our Orders in Our Privy Council to disallow 
certain Laws passed in some of Our Colonies and Plantations in America for confirming 
the Privileges of Naturalization on Persons being Aliens, and for divorcing persons who 
have l>een legally joined together in Holy Marriage, And Whereas Acts have been passed 
in others of Our said Colonies to enable Persons who are Our Liege Subjects by birth or 
Naturalization to hold and execute Lands, Tenements and real Estates, Although such 
Lands, Tenements and real Estates had been originally granted to, or purchased by 
Aliens antecedent to Naturalization, It is Our Will and Pleasure that you do not upon 
any pretense whatsoever give your Assent to any Bill or Bills that may hereafter be 
passed by the Legislative Council and Assembly of the Province under your Govern- 
ment, for the Naturalization of Aliens nor for the divorce of Persons joined together in 
Holy Marriage, nor for establishing a Title in any Persons to Lands Tenements and 
real Estates in Our said Province, originally granted or purchased by Aliens antecedent 
to Naturalization. 

17. You are to give Warrants under your hand for the issuing of Public Monies 
for all Public Service and We do particularly require you to take care that regular 
Accounts of all receipts and Payments of Public Monies be duly kept, that the same 
from time to time be Audited hy Our Executive Council, and that copies thereof, 
attested by you, be transmitted every half Year or oftener if there should be occasion to 
Our Commissioners of Our Treasury, or to Our High Treasurer for the time being, and 
Duplicates thereof by the next Conveyance in which Accounts shall be specified every 
particular sum raised or disposed of, to the end that We may take such Measures as We 
may deem necessary for the examination of the said accounts And that We may be 
satisfied of the right and due application of the Revenues of Our said Province of Lower 
Canada and with the probability of the Increase or diminution of it under every head 
and Article thereof. 

18th. Whereas by An Act of Our Parliament of Great Britain passed in the 4th 
year of Our Reign Intituled " An Act to prevent Paper Bills of Credit hereafter to 
be issued in any of His Majesty's Colonies or Plantations in America from being declared 
to be a legal Tender in payment of Money and to prevent the legal Tender of such 
Bills as are now subsisting from being prolonged beyond the periods limited for calling 
in and sinking the same " it is enacted that no Paper Bills, or Bills of Credit should 
be created or issued by any Act, Order Resolution or Vote of Assembly in any of Our 
Colonies or Plantations in America to be a legal Tender in payment ; and that any 
such Act, Order, Resolution or Vote for creating or issuing such Paper Bills, or Bills 
of Credit, or for prolonging the legal Tender of any such then subsisting and current 
in any of the said Colonies or Plantations, should be null and void : And Wliereas by 
Another Act of Our said Parliament, passed in the 13th year of Our Reign, Intituled 
" An Act to explain and amend the above recited Act passed in the fourth year of Our 
Reign as aforesaid," It is enacted that any Certificates, Notes, Bills or Debentures which 
shall or may be voluntarily accepted by the Creditors of the Public within any of the 
Colonies in America as a secvirity for the payment of what is due and owing to the said 
Public Creditors may be made and enacted by the general Assemblies of the said Colo- 
nies respectively to be a Tender to the Public Treasurers in the said Colonies for the 
discharge of any Duties, Taxes or other debts whatsoever due to & payable at or in 
the said Public Treasuries of the said Colonies, in virtue of Laws passed within the 
same, and in no other case whatsoever, It is Our Will and Pleasure that you do in all 
things conform yourself to the Provisions of the said i-ecited Acts, both with respect to 
the not assenting to any Bills which may be presented to you for the purpose of issuing 
or creating Paper Bills or Bills of Credit to be a legal Tender in payment, and the 
assenting to any Bills by which Certificates, Notes or Debentures which may be volun- 
tarily accepted in payment by the Public Creditors, shall be made a legal Tender to the 
Treasury for Taxes, Duties and other Payments to the Public Treasury. 



INSTRUCTIONS TO GOVERNORS 33 

SESSIONAL PAPER No. 18 

19th. You shall not remit any Fines or Forfeitures whatsoever above the Sum of 
Ten Pounds, nor dispose of any Forfeiture whatsoever until upon signifying unto the 
Commissioners of Our Treasury, or Our High Treasurer for the time being, the nature 
of the Oflfence, and the occasion of such Fines and Forfeitures with the particular sums 
or value thereof (which you are to do with all speed), you shall have received Our direc- 
tions thereon, but you may in the mean time suspend the payment of the said Fines 
and Forfeitures. 

■20th. And you are on every occasion to transmit to Us thro' one of Our Principal 
Secretaries of State with all convenient Speed, a particular Account of all new Estab- 
lishments of Jurisdiction, Courts, Offices and Officers Powers, Authorities Fees and 
Privileges granted and settled within Our said Province of Lower Canada, as likewise 
An Account of all the Expenses (if any) attending the Establishment of the said 
Courts and Offices. 

21st. It is Our further Will and Pleasure that all Commissions to be granted by 
you to any Person or Persons to be Judge, Justice of the Peace or other necessary 
Officer be granted during Pleasure only. 

22nd. You are not to suspend any of the Members of Our said Executive Council, 
or to suspend or displace any of the Judges, Justices, Sheriffs or other Officers or 
Ministers within Our said Province of Lower Canada without good and sufficient 
Cause, and in case of such Suspension or Removal, You are forthwith to transmit 
your reasons for the same to One of Our Principal Secretaries of State. 

23rd. And Whereas frequent Complaints have been made of great delays and 
undue proceedings in the Courts of Justice in several of Our Plantations, whereby 
many of Our good Subjects hav^e very much suffered, and it being of the greatest 
Importance to Our Service, and to the Welfare of Our Plantations that Justice be 
everywhere speedily and duly administered, and that all disorders, delays and other 
undue practices in the Administration thereof be effectually prevented, We do par- 
ticularly require you to take especial care, that in all Courts where you are authorized 
to preside. Justice be impartially administered, and that in all other Courts established 
within Our said Province All Judges and other Persons therein concerned, do likewise 
perform their several duties without delay or partiality. 

2J:th. You are to take care that no Courts of Judicature be adjourned but upon 
good Grounds, as also that no Order of any Court of Judicature be entered, or allowed, 
which shall not be first read & approved of by the Justices in open Court. Which 
Rule you are in like manner to see observed with relation to all Proceedings of Our 
Executive Council of Lower Canada, and that all Orders there made be first read and 
approved in such Council before they are entered upon the Council Books. 

25th. You are to take care that all Writs within Our said Province of Lower 
Canada be issued in Our Name. 

26th. You shall take care, with the Advice and Assistance of Our Executive 
Council, that such Prisons as may at any time 'be necessary, be erected, and that the 
same, or any other already erected, be kept in such a Condition as may effectually secure 
the Prisoners which now are, or may hereafter be confined therein. 

27th. You shall not suffer any Person to execute more Offices than one by Deputy. 

28th. You shall not by Colour of any Power or Authority hereby or otherwise 
granted or mentioned to be granted unto you, take upon you to give, grant or dispose 
of any Place or Office within Our said Province which now is, or shall be granted under 
the Great Seal of this Kingdom, or to which any person is, or shall be appointed by 
Warrant under Our Signet and Sign Manual, any further than that you may, upon the 
Vacancy of any such Office or Place, or upon the Suspension of any such Officer by you 
as aforesaid, put in any fit Person to officiate in the Interval, till you shall have repre- 
sented the Matter unto Us thro' One of Our Principal Secretaries of State, which you 
are to do by the first opportunity and till the said Office or Place is disposed of by Us 
Our Heirs or Successors under the great Seal of this Kingdom, or until some Person 
shall be appointed thereunto under Our Signet and Sign Manual, or until Our further 
directions be given therein, And It is Our express Will and Pleasure, that you do give 

18—3* 



34 CA NA DIA X A RCHI VES 

5-6 EDWARD VII., A. 1906 

reasonable support unto the Patent Officers in the enjoyment of their legal and estab- 
lished Fees Rights Privileges and Emoluments according to the true Intent and 
Meaning of their respective Patents. 

29th. And Whereas several Complaints have been made by the Officers of Our 
Customs in Our Plantations in America that they have frequently been obliged to 
serve on juries and personally to appear in Arms whenever the militia is drawn out 
and thereby are much hindered in the Execution of their several Employments, Our 
Will and Pleasure is, that you take effectual Care, and give the necessary directions, 
that the several Officers of Our Customs be excused and exempted from serving on any 
Juries or personally appearing in Arms in the ^Militia, unless in cases of absolute neces- 
sity, or serving any parochial Offices, which may hinder them in the Execution of their 
duties. 

30th. And Whereas nothing can more effectually tend to the speedy settling of 
Our said Province of Lower Canada, the Security of the Propeity of Our Subjects and 
the advancement of Our Revenue than the disposal of such Lands as are Our Property 
upon reasonable Terms and the establishing of a regular and proper Method of Proceed- 
ing with respect to the passing of Grants of such Lands It is therefore Our Will and 
Pleasure that all and every Person and Persons who shall apply for any grant or Grants 
of Land shall previous to their obtaining the same, make it appear that they are in a 
Condition to cultivate and improve the same and in case you shall upon a consideration 
of the Circumstances of the Person or Persons applying for sucli Grants think it advise- 
able to pass the same you are in such Case to cause a Warrant to be drawn up directed 
to the Surveyor General or other Officers empowering him or them to make a faithful 
and exact Survey of the Lands so petitioned for and to return the said Warrant within 
Six Months at farthest from the date thereof With a Plot or description of the Lands so 
surveyed thereunto annexed And when the Warrant shall be returned by the said 
Surveyor or other proper Officer the Grant shall be made out in due form and the 
Terms and Conditions required by these Our Instructions be particularly and expressly 
mentioned therein And It is Our Will and Pleasure that the said Grants shall be regis- 
tered within Six months from the date thereof in the Register's Office and a Docket 
thereof be also entered in Our Auditor's Office Copies of all which Entries shall be 
returned regularly by the proper Officer to Our Commissioners of Our Treasury. 

31st. And for the further Encouragement of Our Subjects It is our Will and 
Pleasure that the Lands to be granted by you as aforesaid shall be laid out in Town- 
ships and that each inland Township shall as nearly as circumstances shall admit con- 
sist of Ten Miles Square and such as shall be situated upon a navigable River or Water 
shall have a front of Nine Miles and be Ten Miles in depth and subdivided in such 
manner as may be found most advisable for the accommodation of the Settlers and for 
making the several reservations for Public Uses and particularly for the Support of the 
Protestant Clergy agreeable to the above recited Act passed in the Thirty first Year of 
Our Reign. 

32nd. And Whereas great Inconveniences have heretofore arisen in many of the 
Colonies in America from the granting excessive quantities of Land to particular 
Persons who have never cultivated or settled the same and have thereby prevented 
others more Industrious from improving such Lands. In order therefore to prevent the 
like Inconveniences in the future It is Our Will and Pleasure that you observe the 
following directions and regulations in all Grants to Ije made by you as aforesaid that 
is to say 

That no Town Lot shall be granted to any one Person being Master or Mistress of 
a Family in any Township to be laid out as aforesaid which shall contain more than 
One Acre of Land. 

That no Park Lot shall be granted to any one Person being Master or Mistress of 
a Family in any Township so to belaid out which shall contain more than Twenty-four 
Acres. 

That no Farm Lot shall be granted to any one Person being Master or Mistress of 
a Family in any Township so to be laid out which shall contain more than two hundred 
Acres. 



INSTRUCTIONS TO GOVERNORS 35 

SESSIONAL PAPER No. 18 \ 

It is Our Will and Pleasure and you are hereby allowed and permitted to grant 
unto every such Person or Persons such further quantity of Land as they may desire 
not exceeding One Thousand Acres over and above what may have heretofore been 
granted to them and in all Grants of Land to be made by you as aforesaid you are to 
take care that due regard be had to the Quantity and comparative Value of the 
different parts of Land comprised within any Township so that each Grantee may have 
as nearly as may be a proportionable Quantity of Lands of such different quantity and 
comparative Value as likewise that the Breadth of each Tract of Land to be hereafter 
granted be one third of the Length and that the Length of such Tract do not extend 
along the Banks of any River but towards the main Land that thereby the said Grantee 
may have such a convenient share of what accommodation the said River may afford 
for Navigation or otherwise. 

33rd. And as a further Encouragement to our Subjects who shall become Settlers 
as aforesaid It is Our Will and Pleasure that the said Townships and the respective 
Allotments within the same together with the Lands to be reserved as aforesaid shall 
be run and laid out by Our Surveyor General of Lands for the said Province or some 
Skilful Person authorized by him for that purpose which Surveys together with the 
Warrants and Grants for the respective Allotments shall be made out for and delivered 
to the several Grantees free of any Expense or Fees whatever other than such as may 
be payable to the different Officers according to the Table of Fees established upon 
Grants of Land made in the said Province. 

34:th. And in order to prevent any persons disaffected to Us and to Our Govern- 
ment from becoming Settlers in Our said Province of Lower Canada It is Our Will and 
Pleasure that no Warrants for Surveying Lands be granted by you or the Lieutenant 
Governor or person administering the Government for the time being unless the Person 
or Persons applying for the same do at the time of making such Application besides 
taking the Usual Oaths directed by Law also make and subscribe the following declara- 
tion in your or his presence of such Person or Persons as shall by you or him be 
appointed for that purpose that is to say I " A B do promise and declare that I 
will maintain and defend to the L tmost of my power the Authority of the King in His 
Parliament as the Supreme Legislature of this Province." 

35th. Whereas the reserving such Bodies of Land within Our said Province of 
Lower Canada where there are considerable Growths of Timber fit for the use of Our 
Royal Na^•y is a Matter of the Utmost Importance to Our Ser\ace It is Our Will and 
Pleasure that no Grants whatever be made of Lands within any district or Tract in Our 
said Province of Lower Canada until Our Surveyor General of Woods or his Deputy 
lawfully appointed shall have surveyed the same and marked out as reservations to Us 
Our Heirs and Successors such Parts thereof as shall be found to contain any con- 
siderable Growth of Masting or other Timber fit for the use of Our Royal Navy and 
more especially upon the Rivers and you are hereby instructed to direct Our Surveyor 
General of Lands in Our said Province from time to time with all due diligence to com- 
plete the Surveys and mark out the Reservations as aforesaid in the most convenient 
parts of the said Pi'ovince And you are from time to time to report the number, 
extent and situation of such Reservations and vou are further to direct Our Surveyor 
General not to certify any Plots of Grounds ordered and surveyed for any Person or 
Persons whatever in order that Grants may be made out for the same until it shall 
appear to him by a Certificate under the hand of Our Surveyor of Woods or his Deputy 
that the land so to be granted is not part of or included in any District marked out as a 
Reservation for Us Our Heirs and Successors as aforesaid for the purpose herein before 
mentioned and in order to prevent any deceit or Fraud from being committed by the 
persons applying for Lands in this respect It is Our Will and Pleasure that in all 
Grants to be hereafter made for Lands in Our said Province of Lower Canada the 
following Proviso and Exception be inserted that is to say " and provided also that 
no part of the Parcel or Tract of Land hereby granted to the said and his 

Heirs be within any reservation heretofore made and marked for Us Our Heirs and 
Successors by Our Surveyor General of Woods or his lawful Deputy in which Case this 

18—31* 



36 CANADIAN ARCHIVES 

5-6 EDWARD Vll., A. 1906 

Our Grant for such part of the Land hereby given and granted to the said and 

his Heirs forever as aforesaid and which shall upon a Survey thereof being made be 
found within any such reservation shall be Null and void and of none eflfect anything; 
herein contained to the contrary notwithstanding. 

36th. And Whereas it is necessary that all persons who may be desirous of 
Settling in Our said Province should be fully informed of the Terms and Conditions 
upon which such Lands will be granted within Our said Province of Lower Canada in 
manner prescribed in and by the said Act passed in the 31st Year of Our Reign you 
are therefore as soon as possible to cause a Publication to be made by Proclamation or 
otherwise as you in your discretion shall think most advisable of the said Terms and 
Conditions respecting the granting of Lands in which Proclamation it may be Expe- 
dient to add some short description of the natural advantages of the Soil and Climate 
and its peculiar Conveniences for Trade and Navigation. 

37th. And It is Our further Will and Pleasure that all the foregoing Instructions 
to you as well as any which you may hereafter receive relative to the passing Grants of 
Lands in conformity to the said Act passed in the Thirty first year of Our Reign be 
entered upon Record for the information of all parties whatever that may be concerned 
therein. 

38th. And Whereas it hath been represented to Us that many parts of Our Pro- 
vince under your Government are particularly adapted to the Growth and Culture of 
Hemp and Flax It is therefore Our Will and Pleasure that in all Surveys for Settle- 
ments the Surveyor be directed to report whether there are any or what Quantity of 
Lands contained within such Survey fit for the production of Hemp and Flax. 

39th. And Whereas it hath been represented to Us that several parts of Our Pro- 
vince of Lower Canada have been found to abound with Coals, It is Our Will and 
Pleasure that in all Grants of Land to be made by you, a Clause is inserted, reserving 
to Us Our Heirs and Successors all Coals and also all Mines of Gold Silver Copper 
Tin Iron and Lead which shall be discovered upon such Lands. 

40th. You shall cause a Survey to be made of all the considerable Landing Places 
and Harbours of our said Province in Case the same shall not have already been done 
and report to Us by One of Our Principal Secretaries of State how far any fortifica- 
tions be necessary for the Security and advantage of the said Province. 

-list. And Whereas it appears from the representations of Our late Governor of 
the District of Trois-Rivieres that the Iron Works at Saint-Maurice in that District 
are of great Consequence to Our Service It is therefore Our Will and Pleasure that no 
part of the Lands upon which the said Iron Works were carried on or from which the 
Ore used in svich Iron AVorks was procured or which shall appear to be necessary or 
convenient for that Establishment either in respect of a free passage in the River 
Saint Lawrence or for producing a necessary supply of Wood Corn and Hay or for 
Pasture of Cattle be granted to any private person whatever and also that as large a 
District of Land as Conveniently may be adjacent to and lying round the said Iron 
Works over and above what may be necessary for the above purposes be reserved for 
Our Use to be disposed of in such manner as We shall direct and appoint. 

42nd. Whereas the Establishment of proper Regulations in Matters of Eccle- 
siastical concern is an object of very great importance it will be your Indispensable 
Duty to take care that no Arrangements in regard thereto be made but such as 
give full satisfaction to Our New Subjects in every point in which they have a right to 
any Indulgence on that head always remembering that it is a Toleration of the free 
Exercise of the Religion of the Church of Rome only to which they are entitled but 
not to the Powers and Privileges of it as an Established Church that being a pre- 
ference which belongs only to the Protestant Church of England. 

43rd. Upon these Principles therefore and to the end that Our just Supremacy 
in all Matters Ecclesiastical as well as Civil may have its due scope and Influence It is 
Our Will and Pleasure. 

First that all appeals to or correspondence with any Foreign Ecclesiastical 
Jurisdiction of any nature or kind soever be absolutely forbidden under very severe 
Penalties. 



IXSTBUCTIOXS TO GOVERNORS 37 

SESSIONAL PAPER No. 18 , 

Secondly that no Episcopal or Vicarial Powers be exercised within Our said 
Province by any person professing the Religion of the Church of Rome but such only 
as are essentially and indispensably necessary to the free exercise of the Romish Reli- 
gion and in those Cases not without a Licence and Permission from you under the 
Seal of Our said Province for and during Our Will and Pleasure and under such other 
limitations and restrictions as may correspond with the Spirit and Provisions of the 
Act of Parliament of the Fourteenth year of Our Reign for making more effectual 
Provision for the Government of the Province of Quebec And no person whatever is to 
have Holy Orders conferred upon him or to have the Cure of Souls without a Licence 
for that purpose first had and obtained from you. 

Thirdly that no person professing the Religion of the Church of Rome be 
allowed to fill any Ecclesiastical Benefice or to have and enjoy any of the Rights or 
Profits belonging thereto who is not a Canadian by Birth (such only excepted as are 
now in possession of any such Benefice) and who is not appointed thereto by Us or by 
or under Our Authority and that all Right or Claim of Right in any other person 
whatever to nominate present or appoint to any Vacant Benefice other than such as 
may lay Claim to the Patronage of Benefices as a Civil Right be absolutely abolished 
no person to hold more than one Benefice or at least not more than can reasonably be 
served by one and the same Incumbent. 

Fourthly — That no person whatev^er professing the Religion of the Church of 
Rome be appointed Incumbent of any Parish in which the Majority of the Inhabitants 
shall solicit the appointment of a Protestant Minister In such Case the Incumbent 
shall be a Protestant and Entitled to all Tythes payable within such Parish but never- 
theless the Roman Catholicks may have the use of the Church for the free Exercise of 
their Religion at such times as may not interfere with the Religious Worship of the 
Protestants and in like manner the Protestant Inhabitants of every Parish where the 
INIajority of the Parishioners are Roman Catholics shall notwithstanding have the free 
use of the Church for the Exercise of their Religion at such times as may not interfere 
with the Religious Worship of the Roman Catholics. 

Fifthly, That no Incumbent Professing the Religion of the Church of Rome 
appointed to any Parish shall be entitled to receive any Tythes for Lands or Possessions 
Occupied by a Protestant but such Tythes shall be received by such persons as you 
shall appoint and shall be reserved in the hands of our Receiver General as aforesaid 
for the support of Our Protestant Clergy in Our said Province to be actually resident 
within the same and not otherwise according to such directions as you shall receive 
from L"s in that behalf and in like manner all growing Rents or Profits of a Vacant 
Benefice shall during such Vacancy be reserved for and applied to the like Uses. 

Sixthly That all persons professing the Religion of the Church of Rome who 
are already possessed of or may hereafter be appointed to any Ecclesiastical Benefice 
or who may be licensed to exercise any Power or authority in respect thereto do take 
and Subscribe before you in Council or before such person as you shall appoint to 
administer the same the Oath required to be taken and subscribed by the aforesaid 
Act of Parliament passed in the Fourteenth year of Our Reign Intituled " An Act for 
making more Effectual Provision for the Government of the Province of Quebec in 
North America." 

Seventhly That all Incumbents of Parishes professing the Romish Religion not 
being under the Ecclesiastical Jurisdiction of the Bishop of Quebec shall hold their 
respective Benefices during their good behaviour subject however in Case of any Con- 
viction for Criminal ofiences or upon due proof of Seditious attempts to disturb the 
Peace and tranquillity of Our Government to be deprived or suspended by you. 

Eighthly That such Ecclesiasticks as may think fit to enter into the Holy State ot 
Matrimony shall be released from all Penalties to which they may have been subjected 
in such Cases by any Authority of the See of Rome. 

Ninthly, That freedom of the Burial of the Dead in the Churches and Church 
yards be allowed indiscriminately to every Christian Persuasion. 

Tenthly That the Royal Family be prayed for in all Churches and Places of 
Public Worship in such manner and form as is used in this Kingdom and that Our 



38 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

Arms and Insignia be put up not only in all such churches and Places of Holy Worship 
but also in all courts of Justice and that the Arms of France be taken down in every 
such Church or Court where they may at present remain. 

Eleventhly That the Society of Romish Priests called the Seminaries of Quebec and 
Montreal shall continue to possess and occupy their Houses of Residence and all other 
Houses and Lands to which they were lawfully entitled on the thirteenth of September 
1759 and it shall be lawful for those Societies to fill up Vacancies and admit Xew 
Members according to the Rules of their Foundations and to Educate Youth in Order 
to qualify them for the Service of Parochial Cures as they shall become Vacant. It is 
nevertheless Our Will and Pleasure that not only those Seminaries but all other 
Religious Communities so long as the same shall continue be subject to Visitation by 
you Our Governor or such other person or persons as you shall appoint for that 
purpose and also subject to such other Rules and Regulations as you shall with the 
advice and consent of Our said Executive Council think fit to establish and appoint. 

Twelfthly — It is also Our Will and pleasure that all other Religious Seminaries 
and communities (that of the Jesuits only excepted) do for the present and until We 
can be more fully informed of the true state of them and how far they are or are 
not essential to the free Exercise of the Religion of the Church of Rome as allowed 
within our said Province remain upon their present Establishment but you are not to 
allow the admission of any New Members into any of the said Societies or Communities 
(the Religious Communities of Women only Excepted) without our express orders for 
that purpose that the Society of Jesuits be suppressed and dissolved and no longer con- 
tinued as a Body Corporate or Politic and all their Rights Possessions and Property 
shall be Vested in Us for such purposes as We may hereafter think fit to direct and 
appoint but We think fit to declare Our Royal Intention to be that the present 
Members of the said Society as Established at Quebec shall be allowed Sufficient 
Stipends and Provisions during their natural lives that all Missionaries amongst the 
Indians whether Established under the Authority of or appointed by the Jesuits 
or by any other Ecclesiastical Authority of the Romish Church be withdrawn by 
Degrees and at such times and in such manner as shall be satisfactory to the said 
Indians and consistent with the Public safety and Protestant Missionaries appointed 
in their Places. That all Ecclesiastical Persons whatever of the Church of Rome be 
inhibited upon pain of deprivation from influencing any person in the making of a Will 
from inveigling Protestants to become Papists or from tampering with them in Matters 
of Religion and the Romish Priests be forbidden to inveigh in their Sermons against 
the Religion of the church of England. 

44:th. It is Our Will and Pleasure to reserve to j'ou the granting the Licences for 
Marriages Letters of Administration and Probates of Wills as heretofore Exercised by 
you and your Predecessors and also to reserve to you and all others to whom it may 
lawfully belong the Patronage and Right of Presentation to Benefices but It is Our 
Will and Pleasure that the person so presented shall be Instituted by the Bishop or 
his commissary duly authorized by him. 

4.5th. You are to permit liberty of conscience and the free Exei'cise of all such 
Modes of Religious Worship as are not prohibited by Law to all persons who inhabit 
and frequent the Province of Lower Canada provided they be contented with a quiet 
and peaceable enjoyment of the same without giving off'ence or Scandal to Government. 

46th. You are to take especial Care that God Almighty be duly and devoutly 
served throughout your Government That the Lord's day be duly kept and that the 
Services and Prayers appointed by and according to the Book of Common Prayer b& 
publicly and solemnly performed and read throughout the year. 

47th. You are to be careful that the. churches which are or may be hereafter 
Erected in Our said Province of Lower Canada be well and Orderly Kept. 

48th. You shall recommend to the Legislative Council and General Assembly of 
the Province of Lower Canada to Settle the Order of Parishes in such a manner as 
shall be deemed most convenient. 

49th. You are to use your best endeavours that every Minister be constituted one 
of the Vestry in his respective Parish and that no Vestry be held without him except 
in Case of Sickness or that after Notice given of a S^estry he omit to come. 



ISSTRUCTIONS TO GOVEtlXOHS 39 

SESSIONAL PAPER No. 18 

50th. It is Our Will and Pleasure that you recommend to the Legislative Council 
and Assembly to make due provision for the Erecting and maintaining of Schools where 
Youth may be Educated in competent learning and in knowledge of the Principles of 
the Christian Religion. 

51st. And It is Our further Will and Pleasure that no person shall be allowed to 
keep a School in the Province of Lower Canada without your License first had and duly 
obtained in granting which you are to pay the most particular attention to the Morals 
and proper Qualifications of the persons applying for the same and in all cases where the 
School has been founded Instituted or appointed for the Education of Members of the 
Church of England or where it is intented that the School Master should be a Member 
of the Church of England you are not to grant such Licences except to persons who 
shall first have obtained from the Bishop of Quebec or one of his Commissaries a Cer- 
tificate of their being properly qualified for that purpose. 

•5'2nd. And It is Our further Will and Pleasure that in Order to suppress every 
Species of Vice Profaneness and Immorality you do forthwith cause all Laws already 
made against Blasphemy Profaneness Adultery Fornication Polygamy Incest Pro- 
fanation of the Lord's Day Swearing and Drunkenness to be strictly put in Execution 
in every part of the Province of Lower Canada and that for this purpose you do direct 
that the Constables and Church Wardens of the several Parishes do make Presentment 
upon Oath of any of the Vices above mentioned to the Justices of the Peace in their 
Session or to any of the other Temporal courts and you are earnestly to recommend 
to the Legislative Council and Assembly to provide efifectual Laws for the restraint and 
Punishment of all such of the aforementioned Vices against which no Laws are as yet 
provided and in Case where the Laws already made are found to be insufficient and in 
order to discountenance Vice and promote the practice of Virtue to the utmost of your 
power We do hereby strictly command and enjoin you to appoint no person to be a Justice 
of the Peace or to any Trust or Employment whose Notorious 111 life and Conversation 
may occasion Scandal. 

53rd. You are not to present any Protestant Minister to any Ecclesiastical Benefice 
within our said Province by Virtue of the said Act passed in the Thirty first year of 
Our Reign and of Our Commission to you without a proper Certificate from the Bishop 
of Quebec or his Commissary of his being conformable to the doctrine and discipline of 
the church of England. 

54th. And you are to take especial Care that a Table of Marriages Established by 
Canons of the Church of England be hung up in all places of Public Worship according 
to the Rites of the Church of England. 

55th. It is Our Royal Intention that the Peltry Trade of the Interior Country shall 
be free and open to all Our Subjects Inhabitants of any of Our Colonies who shall pursuant 
to what was directed by Our Royal Proclamation of 1763, obtain Trading Licences from 
the Governor of any of Our said Colonies under Penalties to observe such Regulations 
as shall be made by Our Legislative Council of Our Province of Lower Canada for that 
purpose — These Regulations therefore when established must be made Public through- 
out all Our American Possessions and they must have for their object the giving every 
possible facility to that Trade which the nature of it will admit and which may be 
consistent with fair and just dealing towards the Native Indians with whom it is carried 
on The fixing stated times and places for carrying on the Trade and adjusting Modes 
and settling the Tariffs of the Prices of Goods and Furs and above all the restraining 
the sale of Spirituous Liquors to the Indians will be the most profitable and effectual 
means of answering the ends proposed. 

56th. The Fisheries on the Coast of Labrador and the Islands adjacent thereto are 
objects of the greatest lojportance not only on account of the Commodities they produce 
but as Nurseries of Seamen upon whom the strength and security of Our Kingdom 
depends. 

57th. Justice and Equity demand that the real and actual possession and Pioperty 
of the Canadian subjects which existed at the time of the Cession of the said Province 
on that Coast should be preserved entire and that they should not be molested or 
hindered in the Exercise of any Sedentary Fisheries they may have established there. 



40 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

58th. These Claims however extend to but a, small District of the Coast on the 
greatest part of which district a Cod Fishery is stated to Vje impracticable. 

59th. On all such parts of the Coasts where there are no Canadian Possessions and 
more especially where a valuable Cod Fishery may be carried on It will be your Duty to 
make the interest of Our British Subjects going out to Fish there in Ships fitted out 
from Great Britain the firgt object of your Care and as far as Circumstances will admit 
to Establish on that Coast the P^egulations in favour of Brtish Fishing Ships which have 
been so wisely adopted by the Act of Parliament passed in the Reign of King AVilliam 
the Third for the Encouragement of the Newfoundland Fishery and by the several Acts 
passed in the Fifteenth, Twenty -sixth, Twenty-Eighth, and Twenty-Ninth years of Our 
Reign for that purpose and you are on no account to allow any Possessions to be taken 
or Sedentary Fisheries to be Established upon any parts of the Coast that are not already 
private Property by any persons whatever except only such as will produce Annually 
a Certificate of their having fitted out from some Port in Great Britain. 

60th. Whereas it will be for the general benefit of our Subjects carrying on the 
Fishery in the Bay of Chaleur in the Province of Lower Canada that such part of the 
Beach and Shore of the said Bay as is ungranted should be reserved to Us Our Heirs 
and Successors It is therefore Our Will and Pleasure that you do not in future direct 
any Survey to be made or Grant to be passed for any part of the ungranted Beach or 
Shore of ihe said Bay of Chaleur except such parts thereof as by Our Orders in Council 
dated the Twenty-ninth of June and Twenty-first of July 17S6 were directed to be 
granted to John Shoolbred of London Merchant and to Messrs Robin Pipon and 
Company of the Island of Jersey Merchants but that the same be reserved to Us Our 
Heirs and Successors together with a Sufficient quantity of Wood Land adjoining 
thereto necessary for the purpose of carrying on the Fishery the limits of such Wood 
Land so to be reserved to be determined upon and ascertained by you aud Our 
Executive Council of Our said Province of Lower Canada in such manner as from the 
most authentic information shall appear to you and them most Convenient and proper 
for that purpose It is nevertheless Our intention and We do hereby Signify to you 
Our Will and Pleasure that the free use of such Beach or Shore and of the Wood Land 
so to be reserved shall be allowed by you or any person or persons authorized by you to 
such of Our Subjects as shall resort thither for the purpose of carrying on the Fishery 
in such Proportions as the Number of Shallops We or they shall respectively Employ 
shall require Provided that if any Fisherman who shall have permission to occupy 
any part of the said Beach or Shore and Land for the purpose of the said Fishery shall 
not during any one season continue so to occupy and employ any part of th'C said Beach 
and Shore and Wood Land so allotted to him you or any person authorized by you 
as above may and shall allow the Use of such part to any other Fisherman who 
shall apply for the same for the purpose of carrying on the Fishery And Whereas it may 
be necessary to establish local Regulations to prevent abuses as well as disputes and 
misunderstandings between the Fishermen resorting to the said Beach or Shore It is 
Our Will and Pleasure that you by and with the Advice and Consent of Our said 
Executive Council do frame such Regulations from time to time as to you shall appear 
necessary to answer those salutary purposes and that you transmit the same to Us 
thro' one of Our Principal Secretaries of State for Our Pleasure therein and Copies 
thereof to Our Committee of Our Privy Council for Trade and Foreign Plantations by 
the first opportunity. 

61st. And Whereas It is expedient for Our Service that We should from time to 
time be informed of the State of the Trade and Fisheries as well as of the Population 
of Our said Province of Lower Canada It is Our Will and Pleasure that you do 
transmit to us thro' one of Our Principal Secretaries of State and to our committee 
of Our Privy Council for Trade and Foreign Plantations for their Information Yearly 
and every Year a full and particular Account of the state of the Fur and Peltry Trade 
the nature and extent of the several Fisheries carried on by Our Subjects or others 
either on the Coasts Lakes or Rivers of the said Province the State of the Cultivation 
particularly specifying the quantity of Grain Hemp and Flax Produced and of every 
other Important branch of Trade which may in your Opinion be advantageously under- 



INSTRUCTIONS TO GOVERNORS 41 

SESSIONAL PAPER No. 18 / 

taken and carried on by Our Subjects the number of Our Inhabitants distinguishing 
them under different Heads of Men "Women and Children inserting in such account 
the number of persons Born Christened and Buried and any Extraordinary Influx or 
Emigration from Our said Province specifying at the same time the number of Slaves 
and the number of Our Subjects capable of bearing Arms in the Militia the Number 
and Tonnage of Shipping and Craft Employed upon the Lakes or Rivers in or Conti- 
guous to the Province of Lower Canada and of the Number and Tonnage of the Ship- 
ping entering Inwards and clearing Outwards from the Ports of Our Province of Lower 
Canada together with any other Information on these or any other points of the like 
nature which may be proper to be communicated to Us. 

62nd. And Whereas for some years past the Governors of some of Our Plantations 
have seized and appropriated to their own use the produce of Whales of several kinds 
taken upon these coasts upon pretence that whales are Royal Fishes which tends 
greatly to discourage that branch of Fishery in our Plantations and to prevent persons 
from settling there It is therefore Our Will and Pleasure that you do not pretend to 
any Claim nor give any manner of discouragement to the Fishery of Our Subjects 
upon the Coasts of the Province under your Government but on the contrary that you 
give all possible Encouragement thereto. 

63rd. And Whereas you will receive from Our Commissioners for executing the 
office of Our High Admiral of Onv United Kingdom of Great Britain and Ireland and 
for the Plantations a commission Constituting you Vice Admiral of Our said Province 
of Lower Canada you are required and directed carefully to put in Execution the 
several Powers thereby granted you. 

Bith. And Whereas We are desirous that Our Subjects in the Plantations should 
have the same ease in obtaining the condemnation of Prizes there as in this Kingdom 
you are to signify Our Will and Pleasure to the officers of our Admiralty Court in 
Lower Canada that they do not presume to demand or exact other Fees than what are 
taken in this kingdom which amount to about Ten pounds for the condemnation of 
each Prize according to the List of such Fees. 

6oth. And there having been great Irregularities in the manner of granting Com- 
missions in the Plantations to Private Ships of War you are to govern yourself 
whenever there shall be Occasion according to the Commissions and Instructions 
granted in this Kingdom but are not to grant commissions of Marque or Reprisal 
against any Prince or State in Amity with Us to any person whatsoever without Our 
especial Command. 

66th. Whereas Commissions have been granted in Our Colonies and Plantations 
for trying Pirates in those parts Pursuant to the several Acts for the more effectual 
suppression of Piracy and a Commission will be prepared empowering you as Our 
Captain General and Governor in Chief of Our Province of Lower Canada with others 
therein mentioned to proceed accordingly in reference to the said Province Our Will 
and Pleasure is that in all Matters relating to Pirates you govern yourself according 
to the Intent and Meaning of the said Acts. 

67th. Whereas it is absolutely necessary that We be exactly informed of the 
State of Defence of all our Plantations in America as well in relation to the Stores 
of War that are in each Plantation as to the Forts and Fortifications there and what 
more may be necessary to be built for the defence and Security of the same you are 
from time to time to transmit an Account thereof with relation to Our said Province 
of Lower Canada in the most particular manner and you are therein to express the 
present State of the Arms Ammunition and other Stores of War belonging to the said 
Province either in any Public Magazines or in the Hands of Private persons together 
with a State of all Places either already Fortified or that you may judge necessary to 
be Fortified for the Security of Our said Province and you are to transmit the said 
Accounts to Us by One of Our Principal Secretaries of State and also Duplicates 
thereof to Our Master General or Principal Officers of Our Ordnance which Accounts 
are to express the Particulars of Ordnance Carriages Balls Powder and all other sorts 
of Arms and Ammunition now in Our Public Stores and so from time to time of what 



42 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

shall be sent to you or bought with the Public Money and to specify the time of the 
disposal and Occasion thereof and other like Accounts Half yearly in the same manner. 

68th. And in Case of distress of any other of Our Plantations you shall upon 
application of the respective Governors thereof to you assist them with what Aid the 
condition and safety of Our said Province under your Government can spare. 

69th. If anything shall happen which may be of advantage or Security to Our 
Province under your Government which is not herein or by your Commission provided 
for We do hereby allow unto you with the advice and consent of Our said Executive 
Council to take order for the present therein Provided nevertheless that what shall be 
done be not repugnant to Our Commission and Instructions and to the said Acts passed 
in the Fourteenth, and Thirty-tirst years of Our Reign giving unto Us by One of Our 
Principal Secretaries of State speedy Notice thereof that you may receive our Ptatifica- 
tion if We shall approve the same Provided always that you do not by Colour of any 
Power or Authority hereby given you commence or declare War without Our knowledge 
and particular commands therein except it be for the purpose of preventing or repelling 
Hostilities or unavoidable Emergencies wherein the consent of Our Executive Council 
shall be had and speedy Notice given thereof to Us by one of Our Principal Secretaries 
of State. 

70th. You shall as often as you shall judge it Expedient Visit the other pai'ts of 
your Government in Order to Inspect the Management of all Public Affairs and thereby 
the better to take Care that the Government be so administered that no disorderly 
practice may grow up contrary to Our Service and the welfare of Our Government. 

71st. And Whereas We have made sufficient provision for the support of Our 
Lieutenant Governor of Our said Province of liOwer Canada for the time being It is 
Our Will and Pleasure when it shall appear that you shall be absent from Our said 
Province that no part of the Salary or any Perquisites and Emoluments which are 
due unto you, shall during the time of your absence be claimed by or paid and satisfied 
to such Lieutenant Governor and it is Our further Will and Pleasure that if Our 
Lieutenant Governor of Our said Province of Lower Canada should happen to die dur- 
ing your Absence and the administration of the Government thereby or otherwise de- 
volve on the President or Senior Member of Our Executive Council or on such other 
Executive Councillor as by Virtue of this our Commission in that behalf shall be ap- 
pointed by you under the Great Seal of Our Province to the Administration of the 
Government thereof such President or Councillor shall during his Continuing in the 
said Command receive the Salary or Allowance hereby provided for Our Lieutenant 
Governor and no other allowance Perquisite or Emolument whatever. 

72nd. And Whereas great prejudice may happen to Our Service and the Security 
of Our said Province by the absence of you Our Governor in Chief or Our Lieutenant 
Governor for the time being you shall not upon any pretence whatever come to Europe 
without having first obtained leave for so doing from Us under Our Sign Manual and 
Signet or by Our Order in Council. 

73rd. And Whereas We have thought fit by Our Commission to direct that in 
Case of your Death or Absence from Our said Province and in Case there be at that 
time no person commissioned or appointed by us to be Our Lieutenant Governor, or 
Appointed by Us to administer the Government within the Province in the Event of 
the Death or absence of you and of Our Lieutenant Governor of the said Province the 
Senior Member of the Executive Council who shall be at the time of your death or 
Absence residing within Our said Province of Lower Canada subject to such other 
Nomination and appointment by you under the Great Seal of Our said Province as in 
Our said Commission is in that behalf mentioned Shall take upon him the Adminis- 
tration of the Government and execute Our said commission and Instructions and 
the several Powers and Authorities therein contained in the manner thereby directed 
It is nevertheless Our express Will and Pleasure that in such Case the person adminis- 
tering the Government shall forbear to pass any acts but what are immediately necess- 
ary for the welfare of the said Province without our Particular Order for that purpose 
and that he shall not take upon him to dissolve the Assembly then in being nor to I'e- 
move or suspend any of the Members of Our said Executive Council nor any Judges 



IXSTBUCTIOXS TO GOVERNORS 43 

SESSIONAL PAPER No. 18 > 

Justices of the Peace or other officers Civil or Military without the advice and consent 
of the majority of the said Executive Council and he is by the first opportunity to 
transmit to Us by One of Our Principal Secretaries of State the reasons for such 
alterations signed by him and the Council And Our Will and Plea-sure is that the 
above Instructions with lespect to such Senior Counsellor shall also be equally observ- 
ed by and binding upon such other Executive Councillor as may be nominated and 
appointed by you under the Great Seal of Our said Province by Virtue of Our said 
Commission in that behalf. 

74:th. And Whereas by our different Commissions We have appointed you to be 
Our Governor and Commander in Chief of Our Province of Upper Canada and of Our 
Province of Nova Scotia Our Islands of Prince Edward and Cape Breton as well as 
of Our Province of New Brunswick And it is Our Intention that the Lieutenant Gov- 
ernors Commanding in the said Provinces of Upper Canada Nova Scotia and New 
Brunswick and the Islands of Prince Edward and Cape Breton should have and enjoy 
the full Salaries Perquisites and Emoluments granted to them and arising from the respect- 
ive Governments in as full and ample a manner as if the said Governments were under 
distinct Governors in Chief — It is therefore Our Will and Pleasure that you shall not at 
any time or times when you shall be resident and Commanding in Chief in either of 
Our said Provinces of Upper Canada Nova Scotia and New Brunswick or the Islands 
of Prince Edward and Cape Breton have or receive any part of the said Salaries Per- 
quisites or Emoluments but that the same shall continue to be paid and satisfied to the 
Lieutenant Governors of the said Provinces and Islands respectively in like manner as 
they usually are during your absence therefrom. 

75th. And you are upon all Occasions to send to Us by one of Our Principal Sec- 
retaries of State a Particular Account of all your Proceedings and of the Condition of 
Affairs within your Government. 



G. R. 



GEORGE R. 



fi ^ !3 



Orders and Ixstructions to Our Trusty and Wellbeloved Sir 

'J' e<^ . James Henry Craig Knight of the Most Honourable Order of 

^^z; ^ the Bath Our Captain General and Governor in Chief in and over 



-a 
T^ 5 - S Our Province of Lower Canada or in his Absence to Our Lieutenant 



00 



^^ h 



Governor or Commander in Chief of our said Province for the 
- 1 S Sh -c time being Given at Our Court at St. James's this 29th day of 
.^ ^-^ ^ Aug. in the Forty seventh year of Our Reign. 

Sir. Jas. Hy Craig K.B. 
Trade Instructions. 

1st. You shall inform yourself of the several Laws relating to the Plantation Trade 
and for the Encouragement of the Trade and Navigation of Our L^nited Kingdom of 
Great Britain and Ireland and shall take the Oath ordained by Law to do your utmost 
that all the Clauses Matters and Things therein contained or which shall be enacted in 
any Act of Parliament hereinafter to be made relating to Our Colonies or Plantations 
or to the Trade and Navigation of Our said Kingdom be punctually and bona fide 
observed according to the true Intent and Meaning thereof and in particular you are 
to take especial Care that the several Acts of Parliament of Great Britain for allowing 
the Importation and Exportation of certain Goods W^ares and Merchandizes into and 
from Our Kingdom of Ireland from and to Our Colonies and Plantations in America in 
like manner as the same are exported and imported from and into Our Kingdom of 
Great Britain from the said Colonies and Plantations be strictly complied with in your 
Government. 

2nd. And Whereas an Act was passed in the Twenty sixth year of Our Reign 
Intituled " An Act for the further Increase and Encouragement of Shipping and 
' Navigation" It is Our Will and Pleasure that you do cause the Provisions of the 



44 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

said Act to be strictly enforced within your Government A.nd you are to be particularly 
attentive to such Duties as are therein required to be done and performed by you so 
that the Regulations thereby made and enacted be punctually complied with. 

3rd. And Whereas in pursuance of the Power vested in Us by an Act made in the 
Twenty third year of Our Reign Intituled " An Act for preventing certain Instru- 
" ments from being required from Ships belonging to the United States of America " 
and to give His Majesty for a limited Time certain Powers for the better carrying 
on Trade and Commerce between the Subjects of His Majesty's Dominions and the 
Inhabitants of the said United States " the Provisions of which said recited Act have 
been continued and enforced by other Acts since passed We by several (Orders passed 
by Us in Our Council have made such Regulations and given such directions for 
regulating the Trade between Our Dominion and the United States of America as the 
Interest and Welfare of Our Subjects and the preservation and Encouragement of the 
Trade and Navigation of Our Kingdoms have from time to time made necessary and 
expedient it is therefore Our Will and Pleasure that you do in all Things conform 
yourself as well to the Provisions of the above mentioned Acts of Parliament as to the 
regulations and direction contained in Our said Orders in Council or such further 
Regulations and Directions as may be contained in any future Order or Orders made by 
Us in Council for the purposes aforesaid And that you do give the proper Orders to the 
.several Officers concerned that due Obedience be paid thereunto. 

4th. You shall take care that the Naval Officers within Your Government do give 
such Security to the Commissioners of Our Customs for the true and faithful perform- 
ance of their Duty as is by Law required. 

5th. And Whereas it is necessary for the greater convenience of Merchants and 
others that the Naval Officers and the Collectors of the Customs should reside at the 
same Ports or Towns you are therefore to take care that this Regulation be observed 
and to consult with the Collector of the Customs in what Places it may be most con- 
venient to have the Custom House fixed for the Despatch of Business if the same shall 
not have been already done and to take care that the Collector and Naval Officer reside 
within a convenient distance of the Custom House. 

6th. You shall every three Months or oftener as there shall be opportunity of 
Conveyance transmit to the Commissioners of Our Treasury or Our High Treasurer for 
the time being and to the Commissioners of Our Customs in London a List of all Ships 
and Vessels Trading in your Government according to the Schedule hereunto annexed 
together with a List of the Bonds taken in pursuance of the several Acts hereinbefore 
mentioned and you shall cause demand to be made of every Master at his Clearing of 
an Invoice of the Contents and Quality of his Lading kc. according to the Schedule 
hereunto also annexed and you shall moreover direct the several Naval Officers within 
your Government to furnish you with Quarterly Lists of such Ships and Vessels 
together with the Tonnage and Names of the Masters and Owners thereof and of the 
Cargoes according to the Schedule before mentioned which you are to transmit to Us 
through One of Our Principal Secretaries of State by the first opportunity that shall 
offer after expiration of each Quarter And it is Our Will and Pleasure that you be 
particularly attentive to Our directions in this respect and that you do take due care 
that the several Naval Officers do strictly comply therewith. 

7th. You shall give Directions that the Collector of the Customs within your 
Government be permitted to have recourse to the said Bonds as well as to the Book or 
Books in which they are or ought to be entered and to examine as well whether due 
Entry be made as whether they are regularly taken and discharged And where it shall 
appear that Bonds are not regularly discharged you are to order that such Bonds be 
put in Suit. 

8th. You shall not assent to nny Act of Assembly or allow any Usage to prevail 
within your Government which shall be repugnant to the Acts of Parliament herein- 
before mentioned or to any that may hereafter be made as far as the same relate to 
Our Plantations in America. 

9th. You shall be aiding and assisting to the Collectors and other Officers of Our 
Customs appointed or who shall hereafter be appointed by the Commissioners of Our 



INSTRUCTIONS TO GOVERNORS 45 

SESSIONAL PAPER No. 18 • 

Customs in this Kingdom by and under the Authority and Direction of the Commis- 
sioners of Our Treasury or Our High Treasurer for the time being and also to the 
Officers of the Court of Vice Admiralty in your Government appointed or who shall 
hereafter be appointed by Our High Admiral of Our United Kingdom of Great Britain 
and Ireland or the Commissioners for executing the Office of High Admiral or by you 
or Our Commander in Chief for the time being as Vice Admiral within your said 
Government in putting in Execution the several Acts of Parliament before mentioned 
and you shall cause due prosecutions of all such Persons as shall any way resist or 
hinder any of the said Officers of Our Admiralty or Customs in the Performance of their 
Duty. 

10th. Whereas the Commissioners appointed for collecting the Six pence per month 
from Seamen's Wages for Our Royal Hospital at Greenwich pursuant to the Act of 
Parliament for that purpose have given Instructions to their Receivers in Foreign Parts 
for their Conduct therein It is Our Will and Pleasure that you be aiding and assisting 
to the said Receivers in your Government in the due execution of their Trusts. , 

11th. You shall take care that upon any actions suits and Informations that shall 
be brought commenced or enter'd in any Court within your Government upon any Law 
or Statute concerning Our Duties or Ships or Goods to be forfeited by reason of any un- 
lawful Importation or Exportation there be not any Jury empannelled but of such as 
are Natives of Great Britain and Ireland or some of Our Plantations and entitled by 
Law to the Privileges of British Subjects. 

12th. You shall from time to time advise the Commissioners of Our Customs in 
London of all Frauds Neglects and Misdemeanours of any of the Officers of Our Customs 
within your Government and shall also communicate to them all Occurrences which you 
may think necessary for their Information relating either to any of the Acts herein- 
before mentioned or to Our Revenue under their Management. 

13th. If you shall discover that any Person claiming Right or Propriety in any 
Island or Tract of Land within your Government by Charter Letters Patent or other 
Grant shall at any time hereafter alien sell or dispose of such Right or Propriety other 
than to Our Natural born Subjects of Great Britain Ireland or Our Plantations in 
America without the Licence or consent of L's Our Heirs and Successors signified 
by Our or Their Order in Council first had and obtained you shall give notice thereof 
to Us through one of Our Pi'incipal Secretaries of State and to the Commissioners of 
Our Treasury or Our High Treasurer of Great Britain for the time being. 

14th. And Whereas notwithstanding the many good Laws made from time to time 
for preventing Frauds in the Plantation Trade it is manifest that very great Abuses have 
been and still continue to be practised to the prejudice of thesame which Abuses must 
needs arise either from the insufficiency or Insolvency of those Persons who are accept- 
ed as Securities in Bonds required by Law or from the remissness or Connivance of Our 
Governors who ought to take due care that those Persons who execute such Bonds should 
be sued for breaches of the Conditions of such Bonds you are to take notice that We 
consider the Good of Our Plantations and the Improvement of the Trade thereof by a 
strict and punctual obser'iance of the several Laws in force concerning the same to be 
of so great Importance to the Benefit of this Kingdom and to the advancing of the 
Revenue of Our Customs that if We shall hereafter be informed that at any time there 
shall be any failure in the due observance of those Laws and of these present Instruc- 
tions by any Wilful Neglect or Fraud on your part We shall esteem such Neglect to be a 
Breach of the same and We think it proper to apprize you that it is Our fixed and de- 
termined Will and Intention to remove you or Our Commander in Chief for the time 
being from your Employments for any such Offence and that We will strictly levy and 
inflict as well the Fine of One Thousand Pounds imposed by an Act passed in the 
seventh and eighth of King William the 3rd Cap. 22 as all other Fines Forfeit- 
ures Pains and Penalties to which you shall for such Offence be liable by any Acts of 
Parliament now in force or otherwise and that you will further on the same account 
receive the most rigorous Marks of Our Highest Displeasure. 

(Here follow schedules same as on pages 23 & 24.) 

G. R. 



46 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

Orders and Instructions to Our Trusty and Wellbeloved Sir James Henry Craig Knight 
of the Most Honorable Order of the Bath Our Captain general and (iovernor in 
Chief in and over Our Province of Nova Scotia Our Islands of Prince Edward and 
Cape Breton and the Territories thereunto belonging or in his absence to the Lieu- 
tenant Governors or Commanders in Chief for the time being of the said Province 
and Islands respectively. Given at Our Court at Saint James's the Twenty -ninth 
day of August 1807 In the Forty-Seventh year of Our Reign. 

These Instructions following are the same as those sent to Sir James Henry Craig 
for Lower Canada, on the same date. 



Additional Instructions to Our Trusty and Wellbeloved Sir James 
Henry Craig K.B. Our Captain General and Governor in Chief 
in an over Our Provinces of Upper Canada and Lower Canada 
in America or in his Absence to Our Lieutenant Governor or 
Commander in Chief of Our Province of Lower Canada for the 
time being Given at Our Court at St. James's the 6th day of 
January 1809 in the 49th Year of Our Reign. 



Whereas by the Thirty fourth Article of Our General Instructions to Our Captain 
General and Governor in Chief in and over Our Province of Lower Canada bearing date 
29th day of August 1809 We have directed that no Warrants for surveying Lands 
should be granted by the Governor Lieutenant Governor or Person administering the 
Government for the time being unless the Person or Persons Applying for the same do 
at the time of making such Application besides taking the usual Oaths directed by Law 
also make and subscribe the Declaration therein specified in the presence of the said 
Governor Lieutenant Governor or Temporary Commander or in the presence of such 
person or persons as should be duly appointed by him for that purpose And Whereas 
it hath been represented unto Us that in certain Cases Persons who have obtained 
Orders for Land in the said Province have been prevented by unavoidable Circum- 
stances from appearing in the Province before the Commissioners appointed under Our 
said Instructions to receive the Oaths Asc. prescribed to be taken by Grantees of the 
Waste Lands of the Crown in Lower Canada It is Our Will and Pleasure anything 
contained in the said .34th Article of Our Instructions of the 29th of August 1807 
notwithstanding that in all Cases where Our special Licence shall be signified to that 
Effect thro' One of Our Principal Secretaries of State the Governor Lieutenant Gov- 
ernor or Person Administering the Government for the time being be empowered and 
he is hereby authorized with the Advice and Consent of the Council to dispense with 
the taking of the Oaths and subscribing the Declaration above mentioned in the pre- 
sence of the Commissioners appointed in the Province to the end that the Grants which 
may have been ordered to Persons under the Circumstances before described may be 
duly passed. 

G. R. 



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INSTRUCIIONS TO GOVERNORS 47 

SESSIONAL PAPER No. 18 



Additional Instructions to Our Trusty and Wellbeloved 
Sir James Henry Craig K.B.K.C. Our Captain Gen- 
eral and Governor in Chief in and over Our Province 
of Tapper and Lower Canada in America or in his Ab- 
sence to Our Lieutenant Governor or Commander in 
Chief of Our Province of Lower Canada for the time 
being Given at .Our Court at Carleton House the 
~ c " 31st Day of May 1811 in the 51st year of Our Reigu- 

Sir J. H. Craig K.B. 

Additional Instructions. 



ei ^ • 

X ^^ Whereas by the Fourth Article of Our General Instruc- 

tions bearing date the Twenty -Ninth Day of August 1807 We 
did nominate and appoint certain Persons therein named to be 
Members of the Executive Council of Our Province of Lower 
Canada Now we do hereby revoke amend and make void so much 

^ S "^" of the said Fourth Article of Our said Instructions as relates to 

c such nomination and Appointment And We are hereby pleased to 

constitute and appoint Gordon Drummond Esqr. Major General 
of Our Forces in Our said Province for the time being, Jonathan 

.5 -^^^ ^, Sewell Esqr. Our Chief Justice or the Chief Justice of Our said 

Province for the time being, Jacob Lord Bishop of Quebec, 
Thomas Dunn, P. R. de St. Ours, Francois Baby, .James McGill, 
James Monk, P. A. Debonne, John Young and Jenkin Williams 
Esqrs. to be Members of the Executive Council of Our said 
Province of Lower Canada. 










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G. P. R. 



In the Name and on v,he Behalf of His Majesty, 
George P. R. 
(L. S.) 



Instructions to Our Trusty and Wellbeloved Sir George 
Prevost Baronet Our Captain General and Governor in 
Chief in and over Our Province of Lower Canada or in 
his absence to Our Lieutenant Governor or Commander in 
Chief of Our said Province for the time being Given at 
Our Court at Carleton House the Twenty Second day of 
October 1811 In the Fifty first Year of Our Reign. 



(These Instructions are the same as those sent to Sir J. H. Craig of 29th August 
1807 (see page 28) with the exception that in the 4th Article the names of the Persons 
to be Members of the Executive Council are given, vizt.) 



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48 CANADIAN ARCHIVES 



5-6 EDV\/ARD VII., A. 1 906 



is i 
S.2 



'"'"' Sm -»-' 



Jonathan Sewell Esquire Our Chief Justice or the Chief 
^ i^ o Justice of Our said Province for the time being Jacob 

Lord Bishop of Quebec Thomas Dunn P. R. de St. Ours 
Francois Baby (James McGill) James Monk P. A. 
•^ t3 *"* Debonne, John Young and Jenkin Williamson (sic) 

S :j^ ^b (Williams) Esquires. 

:5 a O 
^ O S 

(Trade Instructions to Sir George Prevost the same as those sent to Sir J. H. 
Craig, see page 43.) 

In the Name and on the behalf of His Majesty. 

GEORGE P. R. 

ts Instructions to Our Trusty and Wellbeloved Gordon Drummond 

rA -^ Esquire Lieutenant General of Our Forces or in his absence to 

^ ^ Our Lieutenant Governor or Commander in Chief of Our Province 

® 2 of Lower Canada for the time being. Given at Our Court at Car- 

o^ leton House the twenty ninth day of December 1814, in the fifty 

^ ^ fifth Year of Our Reign. 



(These Instructions are the same as those sent to Sir J. H. Craig of 29th August 
1807 (see page 28) and to Sir G. Prevost of 22nd October 1811 with the exceptions that 
the name of James McGill is omitted in Section 4 and Sections 72-75 are omitted 
entirely.) 

In the Name and on the behalf of His Majesty. 

GEORGE P. R. 



Instructions to Our Trusty and Wellbeloved Sir John Coape 
Sherbrooke Knight Grand Cross of the Most Honorable 
Military Order of the Bath Lieutenant General of Our 
Forces Our Captain General and Governor in Chief in and 
over Our Province of Lower Canada or in his Absence to 
Our Lieutenant Governor or Commander in Chief of Our 
said Pi'ovince for the time being. Given at Our Court at 
Carlton House the twenty sixth day of March Eighteen 
Hundred and Sixteen in the fifty Sixth year of Our 
Reisn. 



Lt. Genl. Sir John 


Coape 


Sherbrooke 


G. 


, C. B. 


Instructions. 


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(These Instructions are The same as those sent to Sir J. H. Craig dated 29th 
August 1807 (see page 28) except that in the 4th Article the names of the Persons 
appointed to be Members o£ the Executive Council are given vizt. — 

Jonathan Sewell Our Chief Justice or the Chief Justice of Our said Province for 
the time being Jacob Lord Bishop of Quebec Thomas Dunn Paul Roc de St. Ours 
Fran9ois Baby, James Monk, Pierre Amable de Bonne, John Young and Jenkin 
Williams Esquires. 

(Trade Instructions to Sherbrooke dated 26th March 1816 the same as those sent 
to Sir J. H. Craig dated 29th Aug. 1807, see page 28.) 



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INSTRUCTIONS TO GOVERNORS 49 

SEBS'IONAL PAPER No. 18 

^ j3 Lower Canada Instructions to the Duke of Richmond 

dated the 9th May 1818 

These Instructions identical with those sent to Sir J. 
H. Craig dated 29th August 1807 the names of the persons 
nominated to be members of the Executive Council are 
given as follows : 

4th Article. Jonathan Sewell Esqr. Our Chief Justice 
or the Chief Justice of Our said Province for the time 
being Jacob Lord Bishop of Quebec Thomas Dunn 
Francois Baby James Monk John Young Jenkin 
Williams John Richardson James Irvine and A. Louis 
Juchereau Duchesnay Esquires. 

(Trade Instructions to the Duke of Richmond dated 9 May 1818 identical with 
those sent to Sir J. H. Craig 29 Aug't 1807.) 

Lieut. General GEORGE R. 

The Earl of Dalhouse 

K. G. C. B. 

Instructions. Instructions to Our Right Trusty and Right Well 

M beloved Cousin and Councillor George Earl of Dalhousie 

o of that part of Our United Kingdom called Scotland, 

'h -g Knight Grand Cross of the Most Honorable Military 

G S . Order of the Bath Lieutenant General of Our Forces Our 

Q g eo Captain General and Governor in Chief in and over Our 

^ '-' .-t Province of Lower Canada or in his Absence to Our 

I °^ ^ Lieutenant Governor or Commander in Chief of Our said 

1-3 § S Province for the time being. Given at Our Court at 

Q "S ^ Carlton House the 13th day of April 1820 in the first 

• 'g year of Our Reign. 

S 
o 
Q 

(These Instructions are the same as those sent to Sir J. H. Craig dated 29th 
August 1807 except that in the 4th Article the names of the persons appointed to be 
Members of the Executive Council are given as follows) : 

Jonathan Sewell Esquire Our Chief Justice or the Chief Justice of Our said Pro- 
vince for the time being Jacob Lord Bishop of Quebec Francois Baby James Monk 
Jenkin Williams John Richardson James Irvine and A. Louis Juchereau Duchesnay 
Esquires. 

(Trade Instructions to the Earl of Dalhousie dated 13 April 1820 the same as 
those addressed to Craig 29 Augt 1807. 

WILLIAM R. 

ifTg^ "§ Addition.\l Instructions to Our Right Trusty and Wellbe- 

00 °° ^ • loved Matthew Lord Aylmer, Knight Commander of the 

^ ^ '73 CO Most Honorable Military Order of the Bath, Lieutenant 

^00 -^ ^ General of Our Forces, Our Captain General and Governor 

'- "^ "^ -§ in Chief in and over Our Province of Lower Canada, or in 

;5 ^ :Z2 ^ his Absence to Our Lieutenant Governor or Commander 

^-•" ;:J "-t! ^ in Chief of Our said Province for the time being Given 

_. 3 . "^ at Our Court at St. James's this Sth day of February 1835 

^ '^ g '^1 in the Fifth year of Our Reign. 

d ^ X 

18—4* 



50 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

Whereas by Our Commission under Our Great Seal of Our Ignited Kingdom of 
Great Britain and Ireland, bearing date at Westminster the Twenty Fourth day of 
Kovember, one thousand eight hundred and thirty, constituting and appointing you to 
be Our Captain General and Governor in Chief in and over Our Province of Upper 
Canada, and in and over Our Province of Lower Canada in North America. We did 
amongst other things give and grant that if upon your Death or Absence out of Our 
said Provinces of Upper Canada and Lower Canada, or either of them there be no 
Person upon the Place Commissioned or Appointed by Us to be Our Lieutenant Gov- 
ernor, or specially appointed by Us to administer the Government within Our said 
Provinces, Our Will and Pleasure is that the Senior Military Officer in Command of 
Our Forces within Our said Province of Upper Canada, or in Our said Province of 
Lower Canada, shall take upon him the administration of the Government thereof, and 
that he or such other Military Officer as may from time to time succeed to the Com- 
mand of Our Forces shall execute in Our said Provinces respectively Our said Commis- 
sion and the Instructions in Our said Commission mentioned, and the several Powers 
and Authorities therein contained, in the same manner, and to all intents and purposes 
as other Our Captain General and Governor in Chief should or ought to do in case of 
your absence, or until your return, or in all cases until Our further pleasure should be 
known therein. And Whereas We did by the said Commission require and command 
you to do and execute all things in due manner that should belong to your said Com- 
mand, and the Trust We have reposed in you according to the several Powers Provi- 
sions and Directions granted or appointed you by virtue of Our said Commission and of 
the Act of Parliament therein particularly mentioned, and of such Instructions as had 
been given to the Earl of Dalhousie, late Captain General and Governor in Chief of 
Our said Provinces, or which might from time to time be given you in manner therein 
mentioned : And Whereas by the said Instructions to the said Earl of Dalhousie pro- 
vision is made respecting the succession to and temporary administration of the Govern- 
ments of Our said Province of Upper Canada, and of Our said Province of Lower 
Canada in certain contingencies mentioned in such Instructions And Whereas the 
said Instructions so far as they relate to such succession and temporary administration, 
are inconsistent and at variance with Our said Commission : Now we do hereby revoke 
and annul so much and such parts of the said Instructions so given as aforesaid to the 
said Earl of Dalhousie, as provide for, regulate, or in any manner relate to the succes- 
sion to, or the temporary administration of the Government of Our said Provinces, or 
either of them, it being Our Will and Pleasure that the Provision made in manner 
aforesaid in and by Our said Commission respecting the succession to, and temporary 
administration of the said Governments respectively be in all things strictly observed 
and followed. 

WILLIAM R. 

k Instructions 

Earl Amherst, 

Dated 2iid April, 1835. 



The same as addressed to Amherst as Governor of Upper Canada. 
See Vol. U. C. Instructions to Governors, page 



Instructions, 

The Earl of Gosford, 

Governor and Commander in Chief 
Upper it Lower Canada. 

Dated 7th July, 1835. 



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INSTRUCTIONS TO GOVERNORS 51 

SESSIONAL PAPER No. 18 

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^ ^ '^, The same as sent to Gosford as Governor of Upper Canada. See Vol. 

° -2 -^ p. Instructions to Governors — U. C. 

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O X ^ 

VICTORIA R. 

Earl of Gosford. ] 

Authorizing the j * 

Incorporation of | 

the Roman Catho- I 

lie Bishops of the f 

Diocese of Mont- | Additional Instructions to Our Right Trusty & Right 

real in Lower | Wellbeloved Cousin and Councillor Archibald Earl of Gosford, 

Canada. j Our Captain General and Governor in Chief in and over Our 

Province of Lower Canada in America, or in his absence to 

cf "^ ^ Our Lieutenant Governor or the Officer Administering the 

S "§ Govt of Our said Province for the time being. Given at Our 

es ^'^ Court at Windsor the 30th day of Deer 1837, in the First 

^ 5^«M t^ year of Our Reign. 

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Whereas by a Petition dated the First day of May, 1837, the Right Revd J. J. 
Lartigue, Bishop of the Roman Catholic Diocese of Montreal in North America repre- 
sented to Our Royal Predecessor, His late Majesty King William the Fourth that the 
said Church had for all Spiritual and Ecclesiastical purposes, been erected into a dis- 
tinct Bishoprick, with Ecclesiastical Jurisdiction, and prayed that His Majesty would 
be pleased to direct that Letters Patent might be issued Incorporating him, the said J. 
J. Lartigue and his Successors Bishops of the said Roman Catholic Diocese of Montreal 
in Lower Canada, with all the Rights and Privileges by Law belonging to other Incor- 
porations, and that by such Letters Patent the Cathedral Church of Saint James in 
Montreal, with the Lands or Tenements, Buildings or Appurtenances thereunto belong- 
ing with all other Goods and property which the Catholic Bishop of Montreal might 
subsequently acquire to the behoof of their said Bishoprick for the proper Maintenance 
of themselves and their future Coadjutors for the completion of the Cathedral of Saint 
James, for the becoming support of that Church, for the maintenance of the Priests and 
Ecclesiastical Officers officiating in the said Cathedral, and of Teachers and 
Pupils of the Diocesan Seminary, for the benefit of the Missions of the 
Diocese to the Indians, Emigrants and other persons incapable of paying 
the Tithes and lawful Dues of the Church, should be declared to be holden in 
Mortmain, provided that the whole property .so to be holden in Mortmain, which might 
be laAvfully acquired in right of the said Episcopal See as its future Endowment should 
not exceed in annual value the sum of two thousand pounds Sterling over and above 
and exclusive of the before mentioned Cathedral of St. James, and the Buildings and 
other Appurtenances thereto belonging, and that such property and Revenue should 
be transmitted to the Successors of him the said Catholic Bishop of Montreal in their 
Capacity and for the purposes aforesaid upon each successive vacancy and succession in 
virtue of such Letters Patent and authority as aforesaid, without any other Act being 
necessary for the transfer and alienation of such property and revenues. And Whereas 

18— 4i* 



52 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

the right Revd. the Bishop of the Roman Catholic Diocese of Quebec and his Coad- 
jutor the right Reverend the Bishop of the Roman CathoHc Diocese of Sidy me, 
certified to His late Majesty their present to and conveyance in the said Petition. And 
Whereas We have taken the said Petition into Our Consideration, and are graciously 
pleased to assent thereto, Now we do hereby authorize and require you the said 
Archibald Earl of Gosford to affix or cause to be affixed the Great Seal of Our Province 
of Lower Canada to Letters Patent to be issued by Us and in Our Name constituting 
the said J.. J. Lartique, and his Successors Bishop of the said Roman Catholic Diocese 
of Montreal in perpetuity One Body Corporate in deed and in name, for the several 
purposes aforesaid ; And We do further authorize you by such Letters Patent to grant 
^to them in Our Name and on Our behalf power to hold in Mortmain the said Cathedral 
Church of St. James, with the Buildings and Appurtenances thereunto belonging, and 
such other Land and Property not exceeding the annual value aforesaid to be by him 
and them holden for the several purposes aforesaid, and with and subject to such right 
of Succession as aforesaid ; And We do hereby authorize you to introduce into the said 
Letters Patent all such Clauses, Conditions and Provisions as may be necessary for 
giving complete effect to such Our Gracious intentions in favor of the said Bishop of 
the Roman Catholic See of Montreal and his Successors ; And for so doing this shall 
be your Warrant. 

VICTORIA R. 
Instructions authorizing the 

Governor to appoint Special 

Councillors. 

-g Instructions to Our Right Trusty and Right Well- 

beloved Cousin and Councillor, Archibald Earl of Gosford, 
Our Captain General and Governor in Chief in and over 
Our Province of Lower Canada, or in his absence to Our 
Lieutenant Governor or the Officer administering the 
Government of Our said Province for the time being. 
Given at Our Court at Buckingham Palace this fifteenth 
day of February 1838 in the first year of Our Reign. 



Whereas Our Royal Predecessor, His late Majesty King William the Fourth did 
by Certain Letters Patent, XTnder the Great Seal of the United Kingdom of Great 
Britain and Ireland, bearing date at Westminster the 1st Day of July 1835 in the 
4pixth year of His Reign, constitute and appoint yovi to be Captain General and Gov- 
ernor in Chief in and over the Province of Lower Canada, and did in and by the said 
Letters Patent require and Command you to do and execute all things in due manner 
that should to your said Command and the Trust thereby reposed in you according to 
the several powers and authorities granted or appointed you by the said Letters Patent, 
and the Instructions under the Royal Sign Manual and Signet therewith given to you, 
and according to such further Powers, directions and Authorities as should at any time 
thereafter be granted or appointed you under the Royal Sign Manual and Signet, or by 
Order in His said late Majesty's Privy Council, or by His said late Majesty through 
One of His Principal Secretaries of State. 

And Whereas by an Act passed in the First Year of Our Reign, intituled, " An 
" Act for making temporary provision for the Government of Lower Canada, " it is 
amongst other things enacted that it shall be lawful for Us by any Commission or 
Commissions to be from time to time issued under the Great Seal of Our United King- 
dom, or by any Instructions under Our Signet and Sign Manual, and with the advice 
of Our Privy Council, to constitute a Special Council for the Affairs of Our said Pro- 
vince of Lower Canada, and for that purpose td appoint or Authorize the Governor of 





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INSTRUCTIONS TO GOVERNORS 53 

SES3J0NAL PAPER No. 18 

Our said Proviuce to appoint such and so many special Councillors as to Us should 
seem meet, and to make such provision as to Us should seem meet for the removal, 
suspension or resignation of all or any such Councillors. 

Now know you that in pursuance of the powers so vested in Us by the said recited 
Act, We have, with the advice of Our Privy Council, by these Present Instructions 
under Our Signet and Sign Manual thought fit to constitute, and with the advice 
^.foresaid, do hereby constitute such special Council for the Affairs of Lower Canada and 
for that purpose have Authorized, and do hereby Authorize you to appoint not less than 
five Special Councillors for the purposes of the said Act. 

It is nevertheless Our Pleasure and We do hereby direct that such Persons only 
shall be appointed by you Special Councillors in pursuance hereof and of the said Act, as 
shall be persons of approved Loyalty and good life, and as shall be of the full age of 21 
rears, and as shall be Our Subjects natural born, or duly naturalized, and We do hereby 
provide and declare that all or any of such Councillors, may at their pleasure resign 
such their Offices, and that it shall be competent to you, upon any Good and sufiicient 
cause to you appearing, to suspend any such Councillor, and We do hereby reserve to 
L^s full power and Authority from time to time, as to Us shall seem meet to remove all 
or any of such Councillors. 

VICTORIA R. 

The Earl of Durham, 
itc, tire, itc, 
Instructions. 



Instructions to the Earl of Durham dated the 2nd April, 1838, 
the same as those addressed to him as Governor of Upper Canada, 
See vol. page U, C. 



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The Earl of Durham, 

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Additional Instructions, 



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Additional Instructions to Our Right Trusty and Right Well- 
1 ^^'O '"' beloved Cousin and Councillor John George Earl of Durham, 

Knight Grand Cross of the Most Honorable Order of the 
Bath, Our Captain General and Governor in Chief in and 
c trt ^ -e over Our Province of Lower Canada, or in his absence to Our 

Lieutenant Governor oi* the Officer administering the Govern- 
ment of Our said Province for the time being. Given at Our 
Court at Windsor this 13th day of April 1838 in the First 
^ '5 Year of Our Reign. 



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This Instruction appointing a special Council is of the same tenor as that addressed 
to the Earl of Gosford dated 1.5th February 1838. See this Vol. page 

VICTORIA R. 

Sir John Colborne, G.C.B., 
&c., ti:.. Arc, 
Instructions. 



54 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 



These Instructions to Sir John Colborne dated 13th Decem- 
ber 1838 are the same as those addressed to him as Governor of 
Upper Canada which see vol. page U. C. 



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Additional Instruction to Sir J. Colborne appointing a special Council dated 13th 
December 1838, the same as that to the Earl of Gosford dated 15th February 1838, 
see this vol. page . Also the same as that sent to the Earl of Durham dated 13th 
April 1838. 



General Instructions addressed to the Right Honorable C. P. 
Thomson and dated the 7th of September 1839. See U. C. vol. 
page . 

Also Additional Instructions of the same date. 



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IXSTBUCTIOXS TO GOVERNORS 55 

SESSIONAL PAPER No. 18 



TRANSCRIPTS OF COLONIAL OFFICE RECORDS 

UPPER CANADA 

INSTRUCTIONS TO GOVERNORS 

1791-1839 

From Colonial Office, London. 

LL.S.] 

GEORGE R. 



3 ■ 

„^ Instructions to Our Right Trusty and Wellbeloved Guy Lord Dorches- 

g t- ter, Knight of the Most Honorable Order of the Bath, Our Captain 

•-3 T General and Governor in Chief, in and over Our Province of Upper 

3 00 Canada. Given at Our Court at St. James's the Sixteenth day of 

■g ^ September 1791, In the Thirty First of Our Reign. 

s 
I— I 

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1st. With these Our Instructions You will receive Our Commission under Our 
Great Seal of Great Britain, constituting You Our Captain General and Governor in 
Chief in and over Our Provinces of Upper Canada and Lower Canada bounded as in 
Our said Commission is particularly expressed. In the execution therefore of so much 
of the Office and Trust We have reposed in You as relates to Our Province of Upper 
Canada, You are to take upon you the Administration of the Government of the said 
Province, and to do and execute all things belonging to Your Command, according to 
the several Powers and Authorities of Our said Commission under Our Great Seal of 
Great Britain, and of the Act passed in the present Year of Our Reign therein recited, 
and of these Our Instructions to you and according to such further Powers and Instruc- 
tions as you shall at any time hereafter receive under Our Signet and Sign Manual, or 
by Our Order in Our Privy Council. 

2. And You are, with all due Solemnity, before the Members of Our Executive 
Council, to cause Our said Commission to be read and published, which being done. 
You shall then take, and also administer to such of the Members of Our said Executive 
Council, the Oaths mentioned in an Ace passed in the first Year of His late Majesty 
King George the First, intituled, " An Act for the further Security of His Majesty's 
" Person, and Government, and the Succession of the Crown in the Heirs of the late 
" Princess Sophia, being Protestants and for extinguishing the hopes of the pretended 
" Prince of Wales, and his open and secret Abettors " ; as altered and explained by an 
Act passed in the Sixth Year of Our Reign, intituled, " An Act for altering the Oath 
" of Abjuration and the Assurance, and for amending so much of an Act of the Seventh 
" Year of Her late Majesty Queen Anne, intituled ' An Act for the Improvement of the 
" Union of the two Kingdoms, as after the time therein limited requires the delivery of 
"certain Lists therein mentioned to Persons indicted for High Treason or Misprision of 
" Treason ' " ; and also make and subscribe and cause the Members of the said Executive 
Council to make and subscribe the Declaration mentioned in an Act of Parliament made 



56 CAXADIAN ARCHIVES 

5-6 EDWARD Vil., A. 1906 

in the Twenty fifth Year of the Reign of King Charles the Second, intituled, " An Act 
" for preventing the Dangers which may happen from Popish Recusants," and You and 
every of them are likewise to take an Oath for the due execution of Your and Their 
Places and Trusts, with regard to your and their equal and impartial administration of 
Justice, and You are also to take the Oath required by an Act passed in the Seventh 
and Eighth Years of the Reign of King William the Third, to be taken by Governors 
of Plantations, to do their utmost that the Laws relating to the Plantations be duly 
observed 

3. You shall also administer or cause to be administered the Oaths appointed in 
the aforesaid recited Acts to all Persons, except as hereafter mentioned, that shall be 
appointed to hold or exorcise any Office, Place of Trust or Profit, in Our said Province, 
previous to their entering on the execution of the Duties of such Office, and you shall also 
cause them to make and subscribe the Declaration mentioned in the aforesaid Act of 
the Twenty-fifth year of the Reign of King Charles the Second But in cases where 
any such Office, Place of Trust, or Profit within Our said Province of Upper Canada 
shall be conferred on any of Our Subjects who may profess the Religion of the Church 
of Rome, You shall, as often as any such Person shall or may be admitted into any 
such Office, Place of Trust or Profit, administer, or cause to be administered to him, the 
Oath prescribed in and by an Act of Parliament passed in the 14th year of Our Reign, 
intituled, " An Act for making more effectual provision for the Province of Quebec, in 
" North America"; and also the u-.ual Oath for the execution of such Office, Place of 
Trust or Profit, in lieu of all other Tests and Oaths whatsoever. 

4. Whereas We have thought fit that there should be an Executive Council for 
assisting you, or Our Lieutenant Governor, or Person administ'^-ring the Government of 
Our said Province of Upper Canada for the time being. We do hereby by these Presents, 
nominate and appoint the undermentioned Persons to be of the Executive Council of Our 
said Province, viz. : Willim Osgoode, William Robertson, Alexander Grant, and Peter 
Russell, Esquires. And Whereas by an Ordinance passed in the Province of Quebec, the 
Governor and Council of the said Province were constituted a Court of Civil Jurisdiction 
for hearing and determining Appeals in certain Cases therein specified ; And whereas 
by an Act passed in the present Year of Our Reign, it is declared that the Governor, 
Lieutenant Gov^ernor, or Person administering the Government of the said Province, 
together with such Executive Council shall be a Court of Civil Jurisdiction, within Our 
said Province for hearing and determining Appeals within the same, in the like cases, 
and in the like manner and form, and subject to such Appeal therefrom, as such Appeals 
might have been before the passing of the above recited Act, heard and determined by 
the Governor and Council of Quebec. In order therefore to carry the said Act into 
execution. Our Will and Pleasure is, that you do in all Civil Causes, on application being 
made to you for that purpose, permit and allow Appeals from any of the Courts of Com- 
mon Law in Our said Province, unto you and the Executive Council of the said Province 
of Upper Canada, in manner prescribed by the abovementioned Act, and you are for 
that purpose to issue a Writ, as nearly in the accustomed manner before the passing of 
the abovementioned Act, in respect of such Appeals, as the Case will admit, returnable 
before yourself and the Executive Council of the said Province, who are to proceed to 
hear and determine such Appeal, wherein such of the said Executive Council, as shall 
be at that time, Judges of the Court from whence such Appeal shall be made to you 
Our Captain General and to Our said Executive Council as aforesaid, shall not be 
admitted to vote upon the said Appeal, but they may nevertheless be present at the 
hearing thereof, to give the reasons of the Judgment given by them, iu the Causes 
wherein such Appeal shall be made, provided nevertheless, that in all such Appeals, the 
Sum or Value appealed for, do exceed the Sum of Three hundred Pounds Sterling, and 
that Security be first duly given by the Appellant to answer such Charges, as shall be 
awarded in case the first Sentence be affirmed, and if either Party shall not rest satisfied 
with the Judgment of you and such Executive Council as aforesaid. Our Will and Plea- 
sure is, that they may then Appeal unto Us, in Our Privy Council, provided the Sum 
or Value so appealed for unto Us, do exceed Five Hundred Pounds Sterling, and that 

s uch Appeal be made within Fourteen days after Sentence and good Security be given 



INSTBUCTIOXS TO GOVERXORS 57 

SESSIONAL PAPER No. 18 

bv the Appellant, that he will effectually prosecute the same and answer the Condem- 
nation, as also pay such Costs and Damages as shall be awarded by Us, in case the 
Sentence of You and the Executive Council be atBrraed ; Provided nevertheless, where 
the matter in question relates to the taking, or demanding any Duty payable to Us, or 
to any Fee of OtHce, or Annual Rents, or other such like matters or thing where the 
Rights in future may be bound, in all such Cases you and the said Executive Council 
are to admit an Appeal to Us in Our Privy Council, though the immediate Sum or 
Value appealed for be of a less value ; and it is Our further Will and Pleasure, that in 
all cases, whex'e by your Instructions, you are to admit Appeals unto Us in Our Privy 
Council, execution shall be suspended until the final determination of such Appeal, 
unless good and sufficient Security be given by the Appellee, to make ample restitution 
of all that the Appellant shall have lost by means of such Decree or Judgment, in case 
upon the determination of such Appeal, such Decree or Judgement should be reversed 
and restitution ordered to the Appellanc. You and Our Executive Council are also to 
permit Appeals unto Us, in Our Privy Council, in all Cases of Fines imposed for Misde- 
meanors, provided the Fines so imposed amount to, or exceed the Sum of One Hundred 
Pounds Sterling, the Appellant first giving good Security, that he will effectually prose- 
cute the same, and answer the Condemnation^ if the Sentence, by which such Fine was 
imposed in Your Government shall be confirmed. 

5. And that We may be always informed of the Names and Characters of Persons 
fit to supply the Vacancies, which may happen in Our said Executive Council, You are 
in case of any Vacancy in the said Council, to Transmit to Us, by one of Our principal 
Secretaries of State, the Names and Characters of such three Persons, Inhabitants of 
Our said Province of Upper Canada, whom you shall esteem the best qualified for ful- 
filling the Trust of such Executive Councillor. 

6. And in the choice and selection of such Persons proposed to fill such Vacancy 
in Our said Executive Council, as also of the Chief Officers, Judges, Assistants, Justices 
of the Peace, and other Officers of Justice, you are always to take care that they may 
be Men of good Life, well affected to Our Government, and of Abilities suitable to 
their Employments. 

7. And whereas We are sensible that effectual Care ought to be taken to oblige 
the Members of Our Executive Council to a due attendance, It is Our Will and Plea- 
sure, in order to prevent the many inconveniences, which may happen for want of a 
Quorum of the Council, to transact Business as occasion may require, that if any of the 
Members of Our said Executive Council, residing in Our said Province shall hereafter 
wilfully absent themselves from the Province and continue absent above the space of Six 
INIonths together without leave from you first obtained under Your hand and Seal, or 
shall remain absent for the space of One 3'ear without Our Leave given them, under Our 
Royal Signature, their Places in the said Executive Council shall immediately there- 
upon become void. And We do hereby will and require you, that this Our Royal 
Pleasure be signified to the several Members of Our said Executive Council, and that it 
be entered in the Council Books of the said Province as a standing Rule. 

8. And to the end that Our said Executive Council may be assisting to You in all 
Affairs relating to Our Service, You are to communicate to them, such and so many of 
these Our Instructions, wherein their Advice is mentioned to be requisite ; and likewise 
all such others from time to time as you shall find convenient for Our Service to be im- 
parted to them. 

9. You are also to permit the Members of Our said Executive Council to have and 
enjoy Freedom of Debate and Vote in all Affairs of Public concern, which may be de- 
bated in the said Executive Council. 

10. And whereas We have thought fit to declare by Our Order in Council bearing 
date, the 24th day of August last, that the Division of Our Province of Quebec shall 

commence on the day of December next,' and that from thenceforth the Lands and 

Territories therein described, shall be two separate Provinces, and be called the Pro- 
vince of Upper Canada, and the Province of Lower Canada : You are as soon as may 
be after such division shall take place to summon, by an Instrument under the Great 
Seal of Our Province of L'pper Canada, to the Legislative Council of that Province, the 



58 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. i?06 

following Persons, whom We hereby authorize and direct You, so to summon to Our said 
Legislative Council of Upper Canada, viz. William Osgoode, Richard Duncan, William 
Robertson, Robert Hamilton, Richard Cartwright Junior, John Munro, Alexander 
Grant and Peter Russell Esquires. 

11. And whereas by the aforesaid recited Act passed in the present year of Our 
Reign, it is provided that the Seats of the Members of Our Legislative Council shall be- 
come vacant in certain Cases mentioned in the said Act, It is Our Will and Pleasure, 
that if any Member of Our said Legislative Council shall at any time leave Our said 
Province and reside out of the same. You shall report the same to Us, b}' the first op- 
portunity, through One of Our Principal Secretaries of State ; And you ai"e also in like 
manner to report whether such Member of the said Council is absent by your permis- 
sion, or by the permission of Our Lieutenant Governor, or Commander in Chief of the 
said Province for the time being ; And you are also in like manner to report if it shall 
come to your knowledge, that any such Member shall at any time, take, or have taken 
any Oath of Allegiance, or Obedience to any Foreign Prince or Power, or shall be at- 
tainted for Treason, in any Court of Law within any of Our Dominions, that We may 
take measures thereupon, as We shall think fit : And you are to take especial care, 
that the several Provisions of the said Act, respecting the several Cases in which Per- 
sons may, or may not be entitled to receive Writs of Summons to the said Legislative 
Council, or to hold their Places therein, shall be duly executed. 

1 2. And for the execution of so much of the Powers vested in you, by Our said 
Commission and by Virtue of the said Act, as relates to the declaring that you assent 
in Our Name to Bills passed by the Legislative Council and House of Assembly, or that 
you withold Our Assent therefrom, or that you reserve such Bills for the signification 
of Our Royal Pleasure thereon. It is Our Will and Pleasure, that you do carefully 
observe the following Rules, Directions and Instructions, Vizt 

That the Style of enacting all the said Laws, Statutes and Ordinances shall be by 
Us, Our Heirs or Successors by and with the Advice and Consent of the Legislative 
Council and Assembly of Our Province of Upper Canada constituted and assembled by 
Virtue of and under the Authority of an Act passed in the Parliament of Great Britain 
intituled,." An Act to repeal certain parts of an Act passed in the Fourteenth year 
"of His Majesty's Reign, intituled, "An Act for making more effectual Provision for 
" for the Government of the Province of Quebec in North America and to make fur- 
" ther provision for the Government of the said Province,"' and that no Bill in any 
other form shall be assented to by you, in Our Name. 

That each different matter be provided for by a different Law, without including 
in one and the same Act such things as have no proper relation to each other. 

That no Clause be inserted in any Act or Ordinance which shall be foreign to what 
the Title of it imports, and that no perpetual Clause be part of any temporary Law. 

That no Lasv or Ordinance whatever be suspended, altered, continued, revived or 
repealed by general Words, but that the Title and Date of such Law or Ordinance be 
particularly mentioned in the enacting Part. 

That in case any Law or Ordinance respecting private property shall be passed 
without a saving of the Right of Us, Our Heirs and Successors and of all Persons, or 
Bodies Politic or Corporate, except such as are mentioned in the said Law or Ordinance, 
You shall declare that you withold Our Assent from the same ; and if any such Law or 
Ordinance, shall be passed without such saving. You shall in every such case declare 
that You reserve the same for the signification of C)ur Royal Pleasure thereon. 

That in all Laws, or Ordinances for levying Money, or imposing Fines, Forfeitures 
or Penalties, express mention be made, that the same is granted or reserved to L"s, Our 
Heirs and Successors for the Public Uses of the said Province, and the support of the 
Government thereof, as by the said Law shall be directed, and that a Clause be inserted 
declaring that the due application of such Money, pursuant to the directions of such 
Law, shall be accounted for unto Us through our Commissioners of Our Treasury fcir 
the time being in such manner and form as We shall direct. 

13. And Whereas We have by Our said Commission given You full Power and 
Authority subject as therein is specified, and to these Our Instructions in that behalf, 



INSTRUCTIONS TO GOVERNORS 59 

SESSIONAL PAPER No. 18 

to issue Writs of Summons and Election, and to call together the Legislative Council 
and Assembly of Our said Province of Upper Canada ; and for the purpose of electing 
the Members of the Assembly of Our said Province of Upper Canada, have also given 
you full Power and iVuthority to issue a Proclamation dividing Our said Province of 
Upper Canada into Districts or Counties, or Circles and Towns, or Townships, and de- 
claring and appointing the' number of Representatives to be chosen by each of such 
Districts or Counties, or Circles and Towns or Townships ; now, Our Will and Pleasure 
is, that you shall issue such Proclamation, as soon as may be, allowing nevertheless a 
reasonable time, between the issuing thereof, and the time of issuing the Writs of 
Summons and Election above mentioned. 

14. That all Laws assented to by You in Our Name, or reserved for the significa- 
tion of Our Pleasure thereon, shall when transmitted by You, be fairly abstracted in 
the Margins and accompanied with very full and particular Observations upon each of 
them, that is to say, whether the same is introductory to a new Law, declaratory of a 
former Law, or does repeal a Law then before in being ; And You are also to transmit 
in the fullest manner, the Reasons and Occasion for proposing such Laws, together 
with fair Copies of the Journals and Minutes of the Proceedings of the said Legislative 
Council and Assembly, which you are to require from the Clerks, or other proper 
Officers in that behalf, of the said Legislative Council and Assembly. 

15. And whereas in the said Act, it is provided that in certain cases. Acts passed 
by the Legislative Council and Assembly of the Province, shall previous to any significa- 
tion of Our Assent thereto, be laid before both Houses of Our Parliament of Great 
Britain ; And whereas it is also provided in the said Act, that in certain cases. Provision 
may be made by Acts of the Legislative Council and Assembly of the Province assented 
to by Us, Our Heirs or Successors, (thereby reserving the power of giving such Assent 
to Us, Our Heirs or Successors only) You are to take especial care that in every such 
Case, You are to declare that You reserve such Bills for the signification of Our Pleasure 
thereon ; And you will likewise reserve for such signification every other Bill, which 
you shall consider to be of an extraordinary or unusual Nature, or requiring Our special 
consideration and decision thereupon, particularly such as may affect the property, 
credit or dealings of such of Our Subjects as are not usually resident within the said 
Province or whereby Duties shall be laid upon British or Irish Shipping or upon the 
product or Manufactures of Great Britain or Ireland. 

16. And whereas Laws have formerly been enacted in several of our Plantations 
in America, for so short a time, that Our Royal Assent or Refusal thereof could not be 
had before the time for which such Laws were enacted did expire, you shall not assent 
in Our Name to any Law that shall be enacted for a less time than Two years, except 
in Cases of imminent necessity, or immediate temporay expediency ; And you shall not 
declare Our Assent to any Law containing Provisions which shall have been disallowed 
by Us, without express leave for that purpose first obtained from Us, upon a full re- 
presentation by you to be made to Us thro' one of Our Principal Secretaries of State, of 
the reasons and necessity for passing such Law. 

17. Whereas We have thought fit by our Orders in our Privy Council to disallow 
certain Laws passed in some of our Colonies and Plantations in America for conferring 
the privileges of Naturalization on Persons being Aliens & for divorcing Persons who 
have been legally joined together in Holy marriage. And Whereas Acts have been 
passed in others of Our said Colonies to enable Persons who are our liege Subjects by 
Birth or Naturalization to hold and Inherit Lands Tenements iV- Real Estates, altho' 
such Lands, Tenements & Real Estates had been originally granted to, or purchased by 
Aliens antecedent to Naturalization. It is Our Will and Pleasure, that you do not 
upon any pretence whatsoever give your Assent to any Bill or Bills that may hereafter 
be passed by the Legislative Council and Assembly of the Province under your Govern- 
inent for the Naturalization of Aliens, nor for the divorce of Persons joined together in 
Holy Marriage, nor for establishing a Title in any Persons, to Lands Tenements and 
Real Estates in our said Province originally granted to, or purchased by Aliens antece- 
dent to Naturalization. 



60 CA NA DIA N A RCHl VES 

5-6 EDWARD VII., A. 1906 

18. You are to give Warrants under your hand for the issuing of Public Monies for 
all public Services, and We do particularly require you to take care that regular Accounts 
of all Receipts and Payments of Public Monies be duly kept, that the same from time 
to time be audited by our executive Council, and that Copies thereof attested by you be 
transmitted every half year or of tener if there should be occasion to our Commissioners 
of Our Treasury, or to our High Treasurer for the time being, and Duplicates thereof 
by the next conveyance in which Accounts shall be specified every paiticular Sum raised 
or disposed of, to the end that We may take such Measures as We may deem necessary for 
the examination of the said Accounts, and that We may be satisfied of the right and due 
application of the Revenues of our said Province -of Upper Canada, and with the 
probability of the increase or diminution of it under every head and article thereof. 

19. Whereas by an Act of Our Parliament of Great Britain passed in the fourth 
year of our Reign intituled " An Act to prevent Paper Bills of Credit, hereafter to be 
" issued in any of His ^Majesty's Colonies or Plantations in America, being declared to 
" be a legal tender in Payments of Money, it to prevent the legal Tender of such Bills 
•' as are now subsisting, from being prolonged beyond the periods limited for calling in 
and sinking the same '' it is Enacted that no Paper Bill or Bills of Credit should be 
created or issued by any Act, Order Resolution or Vote of Assembly in any of Our 
Colonies or Plantations in America to be a legal tender in payment, and that any such 
Act, Order, Resolution or Vote for creating or issuing such Paper Bill or Bills of Credit, 
or for prolonging the legal tender of any such then subsisting and current in any of the 
said Colonies or Plantations, should be null and Void And Whereas by another Act 
of Our said Parliament, passed in the thirteenth year of our Reign intituled " An Act 
" to explain and amend the above recited Act passed in the fourth year of Our Reign 
as aforesaid " it is enacted that any Certificates, Notes Bills or Debentures, which shall 
or may be voluntarily accepted by the Creditors of the Public within any of the Colonies 
in America as a Security for the Payment of what is due and owing to the said Public 
Creditors may be made and enacted by the general Assemblies of the said Colonies 
respectively to be a tender to the Public Treasurers in the said Colonies for the dis- 
charge of any duties. Taxes or other Debts whatever due to ^ payable at or in the said 
Public Treasuries of the said Colonies, in virtue of Laws passed within the same, and 
in no other case whatsoever ; It is Our Will and Pleasure, that you do in all things 
conform yourself to the provisions of the said Recited Acts, both with respect to the 
not assenting to any Bills which may be presented to you for the purpose of issuing or 
creating Paper Bills or Bills of Credit, to be a legal tender in payment, tt the assenting 
to any Bills by which Certificates, Notes or Debentures, which may be Voluntarily 
accepted in payment, by the public Creditors shall be made a legal Tender to the 
Treasury for Taxes duties k other Payments to the public Treasury. 

20. You shall not remit any Fines or forfeitures whatsoever above the Sum of Ten 
pounds, nor dispose of any Forfeitures whatsoever, until upon signifying unto the 
Commissioners of our Treasury, or our High Treasurer for the time being, the nature 
of the Offence and the occasion of such Fines and Forfeitures with the particular Sums 
or value thereof (which you are to do with all speed) you shall have received our 
Directions thereon. And you may in the mean time suspend the payment of the said 
Fines k forfeitures. 

21. And you are on every occasion to tiansmit to Us thro' one of our Principal 
Secretaries of State with all convenient speed, a particular Account of all new Establish- 
ments of Jurisdictions, Courts, Offices A: Officers, Powers and Authorities, Fees tt privi- 
leges granted and settled within Our said Province of Upper Canada, as likewise an 
Account of all the Expenses (if any) attending the Establishment of the said Courts 
and Offices. 

22. It is our further Will and Pleasure that all Commissions be granted by you to 
any Person or Persons, to be Judge, Justice of the Peace, or other necessary Offices be 
granted during Pleasure only. 

23. You are not to suspend any of the Members of Our said executive Council, or 
to suspend or displace any of the Judges, Justices, Sheriffs, or other Officers or Ministers 
within our said Province of Upper Canada, without good tV: sufficient cause, and in 



INSTBUCTIOXS TO G'JVERNOBS 61 

SESSIONAL PAPER No. 18 

case of such Suspension or Removal you are forthwith to transmit your reasons for th 
same to one of our Principal Secretaries of State. 

24. And whereas frequent Complaints have been made of great delays and undue 
proceedings in the Courts of Justice in several of our Plantations whereby many of Our 
good Subjects have very much suliered, and it being of the greatest importance to Our 
Service and to the Welfare of our Plantations that J ustice be everywhere speedily & 
duly administered, and that all disorders, delays & other undue practices in the Admi- 
nistration thereof be effectually prevented, We do particularly require you to take especial 
Care that in all Courts where you are authorized to preside, Justice be impartially 
administered, and that in all other Courts established within Our said Province, all 
Judges and other Persons therein concerned do likewise pei-form their several Duties 
without delay or pai'tiality. 

25. You are to take care that no Court of Judicature be adjourned but upon good 
grounds, as also that no Orders of any Court of Judicature be entered or allowed which 
shall not be first read and approved of by the Justices in open Court, which Rule you 
are in like manner to see observed with relation to all proceedings of Our Executive 
Council of Upper Canada, and that ail Orders there made be first read and approved in 
such Council before they are entered upon the Council Books. 

26. You are to take care that all Writs within Our said Province of Upper Canada 
be issued in Our ^.'ame. 

27. You shall take care with the Advice & Assistance of Our executive Council 
that such Prisons as may at any time be necessary, be erected, and that the same or any 
other already erected be kept in such a Condition as may effectually secure the Prisoners 
which now are or may hereafer be confined therein. 

28. You shall not suffer any Person to execute more Offices than one by Deputy. 

29. You shall not by colour of any Power or Authority hereby or otherwise granted 
or mentioned to be granted unto you, take upon you to give, grant, or dispose of any 
Place or Office within Our said Province, which now is, or shall be granted under the 
great Seal of this Kingdom, or to which any Person is or shall be appointed by Warrant 
under Our Signet and Sign Manual, any further than that you may, upon the Vacancy 
of any such Office or Place, or upon the suspension of anj' such Officer by you as afore- 
said, put in any fit Person to Officiate in the interval, till you shall have represented 
the matter unto Us, through one of our Principal Secretaries of State which you are to 
do by the first opportunity, and till the said Office or place is disposed of by Us Our 
Heirs or Successors under the Great Seal of this Kingdom, or until some person shall 
be appointed thereunto under Our Signet and Sign Manual or until Our further direc- 
tions be given therein : And it is Our express Will and Pleasure, that you do give 
reasonable support unto the Patent Officers in the enjoyment of their legal and estab- 
lished Fees, Rights, Privileges ct Emoluments, according to the true intent and meaning 
of their respective Patents. 

.30. And Whereas several complaints have been made by the Officers of our 
Customs in our Plantations in Anierica, that they have frequently been obliged to serve 
on Juries, and personally to appear in Arms, whenever the Militia is drawn out, and 
thei-eby are much hindered in the execution of their employments. Our VVill and 
Pleasure is that you take effectual care, and give the necessary directions that the 
several Officers of our Customs be excused and exempted from serving on any Juries, or 
personally appearing in Arms in the Militia, unless in cases of absolute necessity, or 
serving any Parochial Offices which may hinder them in the Execution of their Duties. 

31. And Whereas nothing can more effectually tend to the speedy settling of our 
said Province of Upper Canada, the Security of the Property of our Subjects and the 
advancement of our Revenue, than the disposal of such Lands as are our Property upon 
reasonable terms, and the establishing of a Regular and proper method of proceeding 
with respect to the passing of Grants of such Lands. It is therefore Our Will and 
Pleasure that all and every Person and Persons who shall apply for any Grant or 
Grants of Land, shall, previous to their obtaining the same, make it appear that they 
are in a condition to cultivate and improve the same, and in case you shall upon a con- 
sideration of the circumstances of the Person or Persons applying for such Grants, 



62 CAN A DIA X A RCHl VES 

5-6 EDWARD VII., A. 1906 

think it advisable to pass the same, you are in such Case, to cause a Warrant to be 
drawn up, directed to the Surveyor General, or other Officers, impowering him or them 
to make a faithful and exact Survey of the Lands so petitioned for and to return the 
said Warrant within six Months at farthest from the date thereof, with a Plot or 
Description of the Lands so surveyed thereunto annexed, and when the Warrant shall 
be so returned by the said Surveyor, or other proper Officer, the Grant shall be made 
out in due form, and the Terms and Conditions required by these Our Instructions be 
particularly and expressly mentioned therein. And it is Our Will and Pleasure, that 
the said Grants shall be registered within Six Months from the date thereof in the 
Register's Office, and a Docket thereof be also entered in Our Auditors Office, Copies 
of all which Entries shall be returned regularly by the pi'oper Officer, to Our Commis- 
sioners of our Treasury. 

32. And for the further encouragement of Our Subjects, It is Our Will and 
Pleasure that the Lands to be granted you as Aforesaid shall be laid out in Townships, 
and that each Inland Township shall as nearly as circumstances shall admit consist of 
Ten Miles Square and such as shall be situated upon a Navigable River or Water shall 
have a front of Nine Miles, and be twelve Miles in depth, and shall be subdivided in 
such manner as may be found most advisable for the Accommodation of the Settlers 
aud for making the several reservations for Public Uses and particularly for the support 
of the Protestant Clergy agreeably to the above recited Act passed in the present year 
of Our Reign. 

33. And Whereas great inconveniences have heretofore arisen in many of the 
Colonies in America from the granting excessive quantities of Land to particular 
Persons who have never cultivated or settled the same & have thereby prevented others 
more industrious from improving such Lands ; In oi'der to prevent the like inconve- 
niences in the future, it is Our AVill and Pleasure that you observe the following direc- 
tions and Regulations in all Grants to be made as aforesaid vizt : 

That no Town Lot shall be granted to any one Person being Master or Mistress of 
a Family in any Township to be laid out^is aforesaid which shall contain more than 
One Acre of Land. 

That no Park Lot shall be granted to any one Person being Master or Mistress of 
a Family in any Township so to be laid out which shall contain more than Twenty four 
Acres. 

That no Farm Lot shall be granted to any one Person being Master or Mistress of 
a Family in any Township so to be laid out which shall contain more than 200 Acres. 

It is Our Will and Pleasure, and you are hereby allowed and permitted to grant 
unto every such Person or Persons such further quantity of Land as they may desire, 
not exceeding one thousand Acres over and above what may have heretofore been 
granted to them, and in all grants of Land to be made by the aforesaid you are to take 
care that due regard be had to the quality and comparative value of the dififerent parts 
of Land comprised within any Township so that each Grantee may have as nearly as 
may be a proportionable quantity of Lands of such different quality and comparative 
value, as likewise that the breadth of each Tract of Land to be hereafter granted be 
one third of the length of such Tract, and that the length of such Tract do not extend 
along the Banks of any River, but into the main Land, that thereby the said Grantees 
may have each a convenient share of what accommodation the said River may afford 
for Navigation or otherwise. 

34. And as a further encouragement to Our Subjects who shall become Settlers as 
aforesaid. It is Our Will and Pleasure that the said Townships k the respective allot- 
ments within the same together with the Lands to be reserved as aforesaid shall be run 
and laid out by Our Surveyor General of Lands for the Province, or some skilful Person 
authorized hy him for that purpose, which Surveys together with the Warrants it 
Grants for the respective Allotments shall be made out for and delivered to the sev- 
eral Grantees free of any Expense or fees whatsoever, other than such as may be 
payable to the different Officers according to the Table of Fees to be established upon 
Grants of Land made in the said Province. 



INSTRUCTIONS TO GOVERNORS 63 

SESSIONAL PAPER No. 18 

35. And in order to prevent any Persons disaflfected to Us and Our Government 
from becoming Settlers in Our said Province of Upper Canada. It is Our Will and 
Pleasure that no Warrants for Surveying Lands be granted by you, or the Lieutenant 
Governor or Person administering the Government for the time being unless the Persons 
or Persons applving for the same do at the time of Making such application besides taking 
the usual Oaths directed by Law also make and subscribe the following Declaration in your 
or his presence, or in the presence of such Person or Persons as shall by you or him be 
appointed for that purpose, viz : "I. A. B. do promise and declare that I will Maintain 
" and defend to the utmost of my power the Authority of the King in His Parliament 
"as the Supreme Legislature of this Province." 

36. Whereas the reserving such Bodies of Land within Our Province of Upper 
Canada where there are considerable Growths of Timber fit for the use of Our Royal 
Kavy, is a matter of the utmost importance to Our Service. It is Our Will and 
Pleasure that no Grants whatever be made of Lands within any district or Tract in Our 
said Province of Upper Canada until Our Surveyor General of Woods or his Deputy 
lawfully appointed shall have Surveyed the same and marked out as reservations to Us, 
Our Heirs it Successors such Parts thereof as shall be found to contain any considerable 
Growth of Masting or other Timber fit for the use of Our Royal Navy, and more es- 
pecially upon the Rivers. And you are hereby instructed to direct Our Surveyor Gene- 
ral of Lands in Our said Province from time to time with all due diligence to compleat 
the Surveys and mark out the Reservations as aforesaid in the most convenient parts of 
Our said Province, and you are from time to time to report the number, extent ifc Situa- 
tion of such Reservations, and you are further to direct Our Surveyor General not to 
certify any Plotts of Land ordered and Surveyed for any Person or Persons whatever in 
order that Grants may be made out for the same, until it shall appear to him by a Cer- 
tificate, under the hand of our said Surveyor of Woods or his Deputy, that the Land 
so to be granted is not part of, or included in any district marked out as a Reserva- 
tion for Us Our Heirs and Successoi's as aforesaid for the purpose herein before 
mentioned, and in order to prevent any deceit or fraud from being committed by the 
Persons applying for Lands in this respect. It is Our Will and Pleasure that in all 
Grants to be hereafter made for Lands within Our said Province of Upper Canada the 
following proviso and Exception be inserted viz: "and provided also that no part of 

" this Parcel or Tract of Land hereby granted to the said and his Heirs be within 

" any reservation heretofore made and marked for Us, Our Heirs and Successors by Our 
" Surveyor General of Woods, or his lawful Deputy in which case this Our Grant for 

" such part of the Land hereby given and granted to the said .and his Heirs 

" for ever as aforesaid and which shall upon a Survey thereof being made, be found 
*' within any such Reservation shall be null and void and of none effect, any thing 
herein contained to the contrary' notwithstanding. 

37. And Whereas it is necessary that all Persons who may be desirous of settling 
in Our said Province should be fully informed on the Terms and Conditions upon which 
Lands will be granted within our said Province of Upper Canada in manner prescribed 
in and by the said Act passed in the present year of our Reign, you are therefore as soon 
as possible to cause a Publication to be made by Proclamation or otherwise as you in 
Your discretion shall think most adviseable of the said Terms and Conditions respecting 
the granting of Lands in which Proclamation it may be expedient to add some short 
description of the natural advantages of the Soil and Climate and its peculiar con- 
veniences for Trade and Navigation. 

38. And it is Our further Will and Pleasure that all the foregoing Instructions to 
you as "Well as any which you may hereafter receive relative to the passing Grants of 
Land in conformity to the said Act passed in the present year of Our Reign, be entered 
upon record, for the Information and Satisfaction of all Parties whatever that may be 
concerned therein. 

39. And Whereas it hath been represented unto Us, that loany parts of the Pro- 
vince under Your Government are particularly adapted to the growth and culture of 
Hemp and Flax, It is therefore Our Will and Pleasure that in all Surveys for Settle- 
ment the Surveyor be directed to report whether there are any or what quantity of 
Lands, contained within such Survey fit for the Production of Hemp and Flax. 



64 CAXADIAN ARCHIVES 

5-6 EDWARD V!l., A. 1906 

40. And Whereas it hath been represented to Us, that several Parts of Our Pro- 
vince of Upper Canada have been found to abound with Coals, It is Our Will and 
Pleasure that in all Grants of Land to be made by you, a Clause be inserted reserving 
to Us, Our Heirs and Successors all Coals, and also all Mines of Gold, Silver, Copper, 
Tin, Iron and Lead which shall be discovered upon such Lands. 

41. You shall cause a Survey to be made of all the considerable Landing Places 
and Harbours in Our said Province, in case the same shall not have already been done, 
and report to L^s by One of Our Principal Secretaries of State, how far any Fortifica- 
tions be necessary for the Security and Advantage of the said Province. 

42. Whereas the Establishment of proper Regulations in Matters of Ecclesiastical: 
Concern is an object of very great Importance, it will be your indispensible Duty to. 
take Care that no arrangements in regard thereto be made, but such as may give full 
Satisfaction to our new Subjects in every Point in which they have a right to any In- 
dulgence on that Head, always remembering that it is a Toleration of the free Exercise- 
of the Religion of the Church of Rome only, to which they are entitled, but not to the 
Powers and Privileges of it as an established Church, that being a Preference which 
belongs only to the Protestant Church of England. 

43. Upon these Principles therefore and to the end that Our just Supremacy in 
all matters Ecclesiastical as well as Civil may have its due Scope and Influence, It is 
Our Will and Pleasure 

First. That ail Appeals to, or Correspondence with any Foreign Ecclesiastical Juri.e- 
diction of what nature or kind soever, be absolutely forbidden under very severe 
Penalties. 

Secondly. That no Episcopal or Vicarial Powers be exercised within Our said Pro- 
vince by any Person professing the Religion of the Church of Rome, but such only as 
are essentially and indispensibly necessary to the free Exercise of the Romish Religion 
and in those Cases not without a Licence and Permission from you under the Seal of 
Our said Province for and during Our Will and Pleasure, and under such other Limita- 
tions and Restrictions as may correspond with the Spirit and Provisions of the Act of 
Parliament of the 14th Year of Our Reign "for making more effectual Provision for 
" the Government of the Province of Quebec '" and no Person whatever is to have Holy 
Orders conferred upon him or to have the Cure of Souls without a Licence for that 
purpose first had and obtained from you. 

Thirdly. That no Person professing the Religion of the Church of Rome be allowed 
to fill any Ecclesiastical Benefice, or to have or enjoy any of the Rights or Profits 
belonging thereto who is not a Canadian by Birth (such only excepted as are now in 
Possession of any such Benefice) and who is not appointed thereto by Us, or by or under 
Our Authority, and that all Right or Claim of Right in any other Person whatever to 
nominate, present or appoint to any vacant Benefice, other than such as may lay Claim 
to the Patronage of Benefices as a Civil Right, be absolutely abolished, no Person to 
hold more than one Benefice, C3fr at least not more than can reasonably be served by one 
and the same Incumbent. 

Fourthlv. That no Person whatever professing the Religion of the Church of Rome 
be appointed Incumbent of any Parish in which the Majority of the Inhabitants shall 
solicit the Appointment of a Protestant Minister; In such Case the Incumbent shall be 
a Protestant,^ and be entitled to all Tythes payable within such Parish: But nevertheless 
the Roman Catholicks may have the use of the Church for the free exercise of their 
Religion at such Times as may not interfere with the Religous Worship of the Protes- 
tants, and in like manner the Protestant Inhabitants in every Parish where the Ma- 
jority of Parishoners are Roman Catholicks shall notwithstanding have the use of the 
Church for the Exercise of their Religion at such times as may not interfere with the 
Religious Worship of the Roman Catholicks. 

Fifthly. That no Incumbent professing the Religion of the Church of Rome appoin- 
ted to any Parish, shall be entitled to receive any Tythes for Lands or Posessions occu- 
pied by a Protestant, but such Tythes shall be received by such Persons as you shall 
appoint, and shall be reserved in the Hands of Our Receiver General as aforesaid for 
the Support of a Protestant Clergy in Our said Province to be actually resident within 



IXSTBUCTIOXS TO GOVERNOBS 65 

SESSIONAL PAPER No. 18 

the same and not otherwise according to such Directions as you shall receive from Us 
in that behalf and in like manner all growing Rents and Profits of a vacant Benefice 
shall during such Vacancy be reserved for and applied to the like uses. 

Sixthly. That all Persons professing the Religion of the Church of Rome, who are 
already possessed of or may hereafter be appointed to any ecclesiastical Benefice, or who 
may be licenced to exercise any Power or Authority in respect thereto do take and sub- 
scribe before you in Council, or before such Person as you shall appoint to administer 
the same, the Oath required to be taken and subscribed by the aforesaid Act of Parli- 
ment passed in the Fourteenth year of Our Reign intituled " An Act for making more 
effectual Provision for the Government of the Province of Quebec in North America." 

Seventhly. That all Incumbents of Parishes professing the Romish Religion not 
being under the Ecclesiastical Jurisdiction of the Bishop of Nova Scotia shall hold their 
respective Benefices during their good behaviour, subject however in case of any con- 
viction for Criminal Offences or upon due proof of Seditious Attempts to disturb the 
Peace and Tranquillity of Our Government to be deprived or suspended by You. 

Eighthly. That such Ecclesiasticks as may think fit to enter into the Holy State of 
Matrimony shall be released from all Penalties to which they may have been subjected 
in such Cases by an}- Authority of the See of Rome. 

Ninthly. That Freedom of the Burial of the Dead in the Churches and Church 
Yards be allowed indiscriminately to every Christian Persuasion. 

Tenthly. That the Royal Family be prayed for in all Churches and Places of Holy 
Worship in such manner and form as is used in this Kingdom, and that Our Arms and 
Insignia be put up, not only in all such Churches and Places of Holy Worship, but also 
in all Courts of Justice, and that the Arms cf Frace be taken down in every such 
Church or Court where they may at present remain. 

44. Whereas We did by Our Commission under Our Great Seal of Great Britain 
bearing date the 1st. day of August 1787, appoint the Right Reverend Father in God, 
Charles Inglis, Doctor in Divinity to be Bishop of the Province of Nova Scotia, and 
thereby give to him and his Successors in the said See, Jui'isdiction, Spiritual and 
Ecclesiastical, in and throughout the said Province of Nova Scotia, and its Dependencies 
according to the Laws and Canons of the Church of England, which are lawfully made 
and received in England in the several Causes and Matters particularly expressed and 
set forth in the said Commission and no other; And Whereas by another Commission 
We did also give and grant to the said Bishop of Nova Scotia, full Power and Authority 
by himself, or his sufficient Commissary or Commissaries to exercise the like Spiritual 
and Ecclesiastical -Jurisdiction, within the Provinces of Quebec of New Brunswick and 
the Islands of St. John, Cape Breton and Newfoundland, as is set forth in the said 
Commission; We do hereby order and enjoin you, that you do give all fit support and 
countenance to the said Bishop in the exercise of his Jurisdiction Spiritual Ecclesiasti- 
cal, according to the Laws of this Realm and the Laws to be established in Our Province 
of Upper Canada, and to the Tenor of the said Commissions. It is nevertheless Our Will 
and Pleasure to reserve to you, the granting of Licences for Marriages, Letters of 
Administration and Probates of Wills as heretofore exercised by you and your Prede- 
cessors; And also to reserve to you, and to all others to whom it may lawfully belong 
the Patronage and Right of Presentation to Benefices, but it is Our Will and Pleasure 
that the Person so presented shall be instituted b}?^ the Bishop, or his Commissary, duly 
authorized by him, as directed by Our said Commission. 

45. You are to permit liberty of Conscience and the free exercise of all such 
Modes of Religious Worship, as are not prohibited by Law, to all Persons who inhabit 
and frequent the Province of Upper Canada, provided they be contented with a quiet 
and peaceable enjoyment of the same without giving Offence or Scandal to Government. 

46. You are to take especial Care that God Almighty be devoutly and duly served 
throughout Your Government, that the Lord's Day be duly kept, and that the Services 
and Prayers appointed by, and according to the Book of Common Prayer, be publicly 
and solemnly read and performed throughout the year. 

47. You are to be careful that the Churches which are or may be hereafter erected 
in Our said Province of Upper Canada be well and orderly kept. 

18—5* 



66 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

48. You shall recommend to the Legislative Council and General Assembly of the 
Province of Upper Canada to settle the Limits of Parishes in such a manner as shall be 
deemed most convenient. 

49. You are to use Your best endeavours that every Minister be constituted one of 
the Vestry, in his respective Parish, and that no Vestry be held without him, except 
in case of his sickness, or that after Notice given of a Vestry he omit to come. 

50. It is Our Will and Pleasure, that you recommend to the Legislative Council 
and Assembly of Our said Province of Upper Canada to make due provision for the 
erecting and maintaining of Schools, where Youth may be Educated in competent 
Learning, and in knowledge of the Principles of the Christian Religion. 

51. And it is Our further Will and Pleasure thai; no Person shall be allowed to 
keep a School in the Province of L^pper Canada, without Your Licence first had and 
obtained. In granting which You are to pay the most particular Attention to the Morals 
and proper Qualifications of the Persons applying for the same, and in Cases where the 
School has been founded, instituted or appointed for the Education of Members of the 
Church of England, you are not to grant such Licenses, except to Persons who shall 
first have obtained from the Bishop of Nova Scotia, or One of his Commissioners, a 
Certificate of their being properly qualified for that purpose. 

52. And it is Our further Will and Pleasure, that in order to suppress every 
Species of A^ice, Pi'ofaneness and Immorality, You do forthwith cause all Laws already 
made against Blasphemy, Profaneness, Adultery, Fornication, Polygamy, Incest, Pro- 
fanation of the Lord's Day, Swearing and Drunkenness, to be strictly put in execution, 
in every part of the Province of Upper Canada, and that for this purpose you do direct 
that the Constables and Church Wardens of the several Parishes do make Presentment 
upon Oath of Any of the Vices beforementioned to the Justices of the Peace in their 
Session, or to any of the other Temporal Courts : And you are earnestly to recommend 
to the Legislative Council and Assembly, to provide effectual Laws for the Restraint 
and Punishment of all such of the aforementioned Vices, against which no Laws are as 
yet provided, or in cases where the Laws already made, are found to be insufticient ; 
And in order to discountenance Vice and promote the practice of Virtue to the utmost 
of Your Power, We do hereby strictly command and enjoin you to appoint no Person 
to be a Justice of the Peace, or to any Trust or Employment, whose notorious ill Life 
or Conversation may occasion Scandal. 

53. You are not to present any Pi'otestant Minister to any Ecclesiastical Benefice 
within Our said Province by virtue of the said Act passed in the present Year of Our 
Reign, and of Our Commission to you without a proper Certificate from the Bishop 
of Nova Scotia, or his Commissary of his being comformable to the Doctrine and Dis- 
cipline of the Church of England. 

54. And you are to take especial Care that a Table of Marriages established by 
the Canons of the Church of England, be hung up in all places of Public Worship, 
according to the Rites of the Church of England. 

55. It is Our Royal Intention that the Peltry Trade of the Interior Country shall 
be free and open to all Our Subjects Inhabitants of any of Our Colonies who shall pur- 
suant to what was directed by Our Royal Proclamation of 1763 obtain trading Licenses 
from the Governors of any of Our said Colonies under Penalties to observe such Regu- 
lations as shall be made by Our Legislature of Our Province of Upper Canada for that 
purpose. These Regulations therefore when established, must be made public through- 
out all Our American possessions, and they must have for their object the giving every 
possible facility to that Trade which the nature of it will admit, and which may be con- 
sistent with fair and just dealing towards the native Indians with whom it is carried 
on; the fixing stated times and places for carrying on the Trade and adjusting Modes of 
settling Tariffs of the prices of Goods and Furs and above all the restraining the Sale 
of Spirituous Liquors to the Indians, will be the most probable and effectual Means of 
answering the ends proposed. 

56 And Whereas it is expedient for Our Service, that We should from time to 
time be informed of the State of the Trade and Fisheries, as well as of the Population 
of Our said Province of Upper Canada ; It is Our Will and Pleasure that you do 



INSTRUCTIONS TO GOVERNORS 67 

SESSIONAL PAPER No. 18 

transmit to Us through One of Our Principal Secretaries of State, and to Our Com" 
mittee of Our Privy Council for Trade and Foreign Plantations for their Information' 
yearly and every Year a full and particular Account of the State of the Fur and Peltry 
Trade; The nature and extent of the several Fisheries carried on by Our Subjects 
or others either on the Lakes or Rivers of the said Province, the state of the Culti- 
vation particularly specifying the quantity of Grain, Hemp, and Flax produced, and of 
any other important branch of Trade which may in your opinion be undertaken and 
advantageously carried out by Our Subjects, The Number of Inhabitants distinguish- 
ing them under different heads of Men, Women and Children, inserting in such 
Account the number of Persons born, christened and buried, and any extraordinary 
influx or emigration from Our said Province, specifying at the same time the number of 
Slaves, and the number of Our Subjects capable of bearing Arms in the Militia ; the 
number and Tonnage of Shipping and Craft employed upon the Lakes and Ptivers in, 
or contiguous to the Province of Upper Canada together with any other Information 
on these, or any other points of like nature, which may be proper to be communicated 
to L's. 

57. And Whereas you will receive from Our Commissioners for executing the 
Office of High Admiral of Great Britain and of the Plantations, a Commission consti- 
tuting You Vice Admiral of Our said Province of Upper Canada, You are required 
and directed carefully to put in execution the several Powers thereby granted you. 

58. And Whereas We are desirous that Our Subjects in the Plantations should 
have the same ease in obtaining the Condemnation of Prizes there as in this Kingdom, 
You are to signify Our Will and Pleasure to the Officers of Our Admiralty Court in 
L'pper Canada, that they do not presume to demand or exact other Fees than what are 
taken in this Kingdom, which amount to about Ten Pounds for the Condemnation of 
each Prize according to the List of such Fees. 

59. And thei'e having been great Irregularities in the manner of granting Com- 
missions in the Plantations to private Ships of War, You are to govern yourself when- 
ever there shall be occasion according to the Commissions and Instructions granted in 
this Kingdom, but You are not to grant Commissions of Marque or Reprisal against 
any Prince or State in Amity with Us to any Person whatsoever, without Our special 
Command, and You are to oblige the commanders of all Ships having private Commis- 
sioners to wear no other Colours than such as are described in an Order in Council of 
the 7th Jauuary, 1730, in relation to Colours to be worn by all Ships of War. 

60. Whereas Commissions have been granted unto several Persons in Our respec- 
tive Plantations ifi America, for trying Pirates in those Parts, pursuant to the several 
Acts for the more effectual suppression of Piracy, and a Commission will be prepared 
empowering You, as Our Captain General and Governor in Chief of Our Province of 
Upper Canada with others therein mentioned, to proceed accordingly in reference to 
the said Province ; Our Will and Pleasure is, that in all Matters relating to Pirates, 
you govern yourself according to the Intent of the said Acts. 

61. Whereas it is absolutely necessary that We be exactly informed of the State of 
Defence of all Our Plantations in America as well in relation to the Stores of War that 
are in each Plantation, as to the Forts and Fortifications there, and that more may be 
necessary to be built for the Defence and Security of the same, you are from time to 
time to transmit an Account thereof with relation to Our said Province of Upper 
Canada in the most particular manner, and You are therein to express the present 
State of the Arms, Ammunition and other Stores of War belonging to the said Pro- 
vince either in any Public Magazines, or in the hands of private Persons, together 
with a state of all Places either already fortified, or that You may judge necessary to 
be fortified for the Security of our said Province, and You are to transmit the said 
Accounts to Us, by one of Our Principal Secretaries of State, and also Duplicates 
thereof to Our Masters General or Principal Officers of Our Ordnance, which 
Accounts are to express the particulars of Ordnance, Carriages, Balls, Powder and 
all other Sorts of Arms and Ammunition now in Our Public Stores, and so from time 
to time of what shall be sent to you, or bought with the public ^loney, and to specify 

18—51* 



68 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

the time of the disposal, and the occasion thereof, and other like accounts half yearly 
in the same manner. 

62. And in case of Distress of any other of Our Plantations, You shall upon 
Application of the respective Governors thereof to You, assist them with what Aid the 
Condition and Safety of Our said Province under your Government can spare. 

63. If any thing shall happen which may be of advantage or Security to Our 
Province under your Government, which is not herein, or by Your Commission provided 
for ; We do hereby allow unto you with the Advice and Consent of Our said Executive 
Council to take order for the present therein, provided nev^ertheless that what shall be 
done be not repugnant to the said Acts passed in the lith and in the present year of 
Our Reign, giving unto Us by One of Our Principal Secretaries of .State speedy notice 
thereof, that you may receive Our Ratification, if AVe shall approve the same, Provided 
always that you do not by colour of any Power or Authority hereby given you com- 
mence or declare War without Our knowledge and particular Commands therein, except 
it be for the purpose of preventing or repelling Hostilities, or unavoidable emergencies 
wherein the Consent of Our Executive Council shall be had and speedy Xotice given 
thereof to Us, by One of Our Principal Secretaries of State. 

64. And Whereas great prejudice may happen to Our Service, and to the Secretary 
of Our said. Province by the Absence of you. Our Governor in Chief, or Our Lieutenant 
Governor for the time being, You shall not upon any pretence whatsoever come to Eu- 
rope, without having first obtained Leave for so doing from Us, under our Sign Manual 
and Signet, or by Our Order in Our Privy Council. 

65. And Whereas We have thought fit by Our Commission to direct, that in case 
of your Death or Absence from Our said Province, and in case there be at that time no 
Person commissionated or appointed by L"s to be Our Lieutenant Governor, the eldest 
Executive Councillor who shall be at the time of Your Death or Absence residing with- 
in Our said Province of Upper Canada subject to such other nomination and appoint- 
ment by you under the Great Seal of Our said Province as in Our said Commission is in 
that behalf mentioned, shall take upon him the administration of the Government, and 
execute Our said Commission and Instructions and the several Powers and Authorities 
therein contained in the manner thereby directed ; It is nevertheless Our express Will 
and Pleasure that in such Case the said President shall forbear to assent to any Acts 
but what are immediately necessary for the Welfare of Our said Province without Our 
particular Order for that purpose, and that he shall not take upon him to dissolve the 
Assembly then in being, not to remove or suspend any of the Members of Our said Ex- 
ecutive Council, nor any judges, justices of the Peace or other Officers Civil or Military 
without the Advice and Consent of the Majority of the said Executive Council, and the 
said President is by the first Opportunity to transmit to L"s by One of Our Principal 
Secretaries of State, the reasons for such alterations signed by him and Our Council. 
And Our Will and Pleasure is, that the above Instructions with respect to such Presi- 
dent shall also be equally observed by and binding upon such other Executive Council- 
lor as may be nominated and appointed by you under the Great Seal of Our said Pro- 
vince, by virtue of Our said Commission in that behalf. 

66. And Whereas by Our different Commissions We have appointed You to be Our 
Governor and and Commander in Chief of Our Province of Upper Canada, Lower Can- 
ada and of Our Province of Nova Scotia, including tbe Islands of St. John and Cape 
Breton, as well as Our Province of New Brunswick, and it is Our Intention that the 
Lieutenant Governors commanding in the said Provinces of Nova Scotia and New 
Brunswick and Upper Canada should have and enjoy the full Salaries, Perquisites and 
Emoluments granted to them and arising from the respective Governments in as full 
and ample a manner as if the said Governments were under distinct Governors in Chief, 
it is therefore Our Will and Pleasure that you shall not at any time or times when you 
shall be resident and Commanding in Chief in either of Our said Provinces of Upper 
Canada, Nova Scotia and New Brunswick, have or receive any part of the said Salaries, 
Perquisites or Emoluments, but that the same shall continue to be paid and satisfied to 
the Lieutenant Governors of the said Provinces respectively in like manner as they 
usually are during Your Absence therefrom. 



INSTBUCTIOXS TO GOVERNORS 69 

SESSIONAL PAPER No. 18 

67. And You are upon all Occasions to send to Us by One of Our Principal Secre- 
taries of State a particular Account of all Your Proceedings, and of the Condition of 
Affairs within Your Government. 

G. R. 

Endorsed : Instructions for The Plight Honble Lord Dorchester Governor of Upper 
Canada. 

Dated 16th December 1791. 
GEORGE R. 

00 „• Additioxal Instruction to Our Right Trusty and Welbeloved Guy, 

^ ^ Lord Dorchester, Knight of the Most Honorable Order of the Bath, 

g j° Our Captain General and Governor in Chief in and over Our Pro- 

"^ vince of L'pper Canada in America : or in his absence, to the Lieu- 

Q>j^- tenant Governor or Commander in Chief of Our said Province for 

^ the time being, Given at Our Court at St. James's the Eleventh 
day of April, 1792, In the Thirty second year of Our Reign. 






Whereas certain doubts having arisen respecting the Oaths directed by Our General 
Instructions to you, bearing date the Sixteenth day of September, 1791, to be taken by 
any of Our Subjects professing the Religion of the Church of Rome, by Us appointed 
to be of Our Executive Council for Our Province of Upper Canada, — Now Our Will 
and Pleasure is, that you administer, or cause to be administered to such Persons, the 
usual Oaths for the due execution of their Offices, as such Executive Councillors, to- 
gether with the Oath prescribed in and by the Third Article of Our said General 
Instructions to you, dated the Sixteenth day of September, 1791, in lieu of all other 
Tests and Oaths whatsoever. 

G. R. 

(A like Instruction of the same date to the Governor of Lower Canada.) 
GEORGE R. 

oc ^^- Additional Instruction to Our Right Trusty and Wellbeloved Guy, Lord 

^ _. Dorchester, Knight of the most Honourable Order of the Bath, Our 

g ^ Captain General and Governor in Chief in and over Our province 

"S of Upper Canada in America : or in his absence to the Lieutenant 

Q.j^ Governor or Commander in Chief of Our said Province for the time 

_■ ^ being. Given at Our Court at St. James's the Twelfth day of July, 

■"• 1792, In the Thirty Second Year of Our Reign. 

d J' 8 

Whereas by Our General Instructions to You bearing Date at St. James's the 16th 
day of September, 1791, It is declared amongst other Things to be Our Royal Will 
and pleasure that in hearing and determining any Appeal which shall be brought before 
you and Our Executive Council therein mentioned in the manner prescribed by the said 
Instructions, such of the said Executive Council as shall be at any time J udges of the 
Court from whence such appeal shall be so made to you Our Captain General and 
Governor in Chief, and to Our said Executive Council shall not be permitted to vote 
upon the said Appeal. 

Now Our Will & Pleasure is that the Members of Our said Executive Council 
who are Judges as aforesaid shall be admitted to vote upon any Appeal in Case they 
have not in the same Cause assisted as Judges in the Court from which such Appeal 
shall be made. 

G. R. 

A Similar Instruction of the same date to Lord Dorchester as Governor of Lower 
Canada. 



70 CANADIAX ARCHIVES 

5-6 EDWARD VII., A. 1906 

GEORGE R 

[L.S.] 



'"' "^ Additional Instruction to the (rovernor, Lieutenant Governor or the 

g 'o Person Administering the Government of Our Province of Upper 

"o *^ Canada for the time being. Given at Our Court at St. James's 

Q< . the 15th day of December, 1796 In the Thirty Seventh Year of 

. o Our Reign. 



Whereas we Judge it to be conducive to the better Regulation of Our Concerns 
with the Indian Nations within Our Province of Upper Canada, that the same should 
be conducted by the Person exercising the Government of Our said Province for the 
time being. It is therefore Our Will and Pleasure, That you do take upon you the 
the Conduct and Management of Our Concerns with the said Indians within the 
Province of Upper Canada, and that you do from time to time give to all Persons 
whom it may concern, such Directions for the due Execution of these, Our Instructions, 
as occasion may require, such Directions nevertheless to be subject to any Special 
Orders directed to you, from such Person as shall at any time be constituted & appointed 
by Us to be Governor (^eneral of Our Provinces in North America. And It is Our 
Will and Pleasure, That all Persons holding Commissions in the Indian Department 
within Our Provinces of Lower and Upper Canada, so far as the same relates to the 
Province of Upper Canada, shall follow such Orders and Directions as they shall from 
time to time receive from you in the Execution of this Our Instruction, any thing in 
the said Commissions to the contrary notwithstanding. And you are in case of any 
Vacancy in any Office or Place in the said Indian Department within Our Province of 
Upper Canada, to transmit to Us by the first opportunity thro' one of Our Principal 
Secretaries of State, the name of such Person, with an Account of his Character and 
Services, as You shall esteem to be best qualified for fulfilling the Duties of such Office, 
for Our further Directions therein. 

GEORGE R. 
[L.S.] 

GEORGE R. 

Instructions to Our Truscy and Wellbeloved Sir James Henry Craig 
Knight of the Most Honourable Order of the Bath Our Captain 
General and Governor in Chief in and over Our Province of Upper 
Canada or in his absence to Our Lieutenant Governor or Commander 
in Chief of Our said Pi'ovince for the the time being. Given at our 
Court at Saint James's the Twenty ninth day of August 1807 in the 
forty seventh year of Our Reign. 

These Instructions are almost the same as those sent to * Sir J. H. 
Craig as Governor of Lower Canada dated 29th August 1807 — but 
are identical with those sent toDrummond 29 Dec. 1814, see page 48 
in this volume, with the exceptions that in the 4th article the names 
of the Members of the Executive Council are not given, and Articles 
61 ife 62 are added as shewn in the note to Sherbrooke's Instructions 
4{- S in this Vol. see page 48. Article 63 being the same as that numbered 

g 61 in Drummond's Instructions. 

I— I 

[Trade.] Instructions to Sir J. H. Craig as Governor of Upper Canada dated 29th 
Aug., 1807 identical with those sent to him as Governor of Lower Canada of same date 
vide, page 43. Instructions to Governors. 







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INSTBUCTIO^^S TO GOVERNORS 71 

SESSIONAL PAPER No. 18 

In the Name cV: on the behalf of His Majesty George P.R. 
[L. S.] 

Sr. J. H. Craig K.B. 

"Additional | 

Instruction | 
?p' .j,j Additional Instruction to Our Trusty &l Well-beloved Sr. Jas. H. 

Craig K.B. & K.C. Our Captain General it Governor in Chief in 
li: over our Provinces of Upper ct Lower Canada in America, or in 
his Absence to Our Lieutenant Governor or Commander in Chief 
of Our Province of Upper Canada for the time being. Given at 
Our Court at Carlton House the 13th day of July 1811 in the 
Fifty first Year of Our Reign. 

25 h-3 "^ o 

d 

^ -f^ §3 Whereas by the fourth Article of Our General Instructions bearing 

■" "^ e- date the Twenty ninth day of August 1807 We did nominate & appoint 
p Q ? certain persons therein named to be Members of the Executive Council 

•^ 54-1 M of Our Province of Upper Canada Now We do hereby revoke, annul and 

33 ^ g ^- make void so much of the said fourth Article of Our Said Instructions as 
3 "B .2 '^^ relates to such nomination And We are hereby pleased to Constitute and 
5 1!^ appoint Gordon Drummond Esqr. Major General of Our Forces, or the 

Officer Command'g Our Forces in Our Said Province for the time being, 
Thos. Scott Esqr. Our Chief Justice of our said Province for the time 
being ; Jacob Lord Bishop of Quebec, James Baby, Alexr. Grant, Jno. McGill & W. D. 
Powell Esqrs. to be Members of the Executive Council of bur said Province of L^pper 
Canada. 

G. P. R. 
In the Name & on the Behalf of His Majesty. 
GEORGE P. R. 
Sir Geo. Prevost Bt. 
[L.S.] (Instructions) 

c3 

% Instructions to Our Trusty and Well beloved Sir George Prevost Bart. 

^ ^ Our Captain General k Governor in Chief in & over our Province 

t, ^ of L^pper Canada or in his absence to Our Lieutenant Governor or 

a.^ Commander in Chief of Our Province of Upper Canada for the 

►^ 3 time being. Given at Our Court at Carlton House the 22nd. dav of 

. 2 October 1811. In the Fifty First Year of Our Reign. 



5 — 



O 

(These Instructions are the same as those addressed to Drummond dated 29 Deer* 
1814 see this vol. page 72. Articles 61 tfc 62 are added as shewn in the note to Sher* 
brooke's instructions page 48. Article 6.3 being the same as that numbered 61 
in Drummond's Instructions.) 

c3 

fl ^^ 

:3 O- 

u So Trade Instructions to Prevost as Governor of L'pper Canada dated 22, 

cu'7' Octr. 1811 the same as Craig's Trade Instructions as Governor of 

>~^ 3 Lower Canada dated 29 Augt. 1807 vide page 43. 

In the Name and on behalf of His Majesty 

GEORGE P. R. 



72 CANADIAN ARCHIVES 



5-6 EDWARD VII., A. 1906 



'-f Instri'Otions to Our Trusty and Wellbeloved Gordon Drura- 

^ mond Esquire Lieutenant General of Gur Forces or in his 

,-s absence to Our Lieutenant (jlovernor or Commander in 

£j Chief of the Pro\ ince of Upper Canada for the time being. 

,• Ciiven at Our Court at Carlton House the twenty ninth 

day of Dec'r 1814 in the Fifty fifth Year of Our Reign. 



Ist. With these Our Instructions ytu will receive r)ur Commission undci- Our Great 
Seal of Gur L^nited Kingdom of (ireat Britain and Ireland, authorizing and directing 
you to take upon you the Administration of the Government of Our Province of Upper 
Canada and Lower Canada bounded as in Our said Commission is particularly ex})re.ssed 
In the execution therefore of so much of the Ollice and trust We have reposed in you 
as relates to Upper Canada You are to take upon you the Administration of the 
Government of the said Province and to do and execute all things belonging to your 
Command according to the several Powers and Authorities of Our said CommiMsion 
under Our Great Seal of Our United Kingdom of Great P>ritain and Ireland and of the 
Act passed in the thirty first Year of Our Reign therein recited and of these Our 
Instructions to you and according to such fuither Powers and Instructions as you shall 
at any time hereafter receive under Our Signet and Sign Manual or by Our Orders in 
Our Privy Council. 

2nd. And you are with all due salemnity before the Members of the Executive 
Council to cause Our said Commission to be read and published which being done you 
shall then take and also Administer to each of the Members of Our said Executive 
Council the several Oaths anti subscribe the Declaration therein reijuired. 

3rd. Y'ou shall Administer or cause to be Administered the Oaths mentioned in 
Our said Commission to all Persons except as hereafter mentioned that shall be 
appointed to hold or exercise any Otlice Place of Trust or Profit in Our said Province 
previous to their entering on the Execution of the Duties of said Office and you shall also 
cause them to make and subscribe the aforesaid Declaration but in oases where any such 
Office Place of Trust or Profit in Our said Province of Upper Canada shall be conferred 
on Our Subjects who may profess the Religion of the Church of Rome you shall so often 
{US any such Person shall or may be Admitted into any such Office Place of Trust or 
or Profit Administer or cause to be Administered to him the Oath prescribed in and by 
an Act of Parliament passed in the fourteenth Y'^ear of Our Reign intituled " An Act 
" for making more ell'eetual Provision for the Government of the Province of Ouebee in 
" North America," and also the usual Oath for the execution of such Olhce Place of 
Trust or Profit in lieu of all other Tests and Oaths whatevei'. 

4th. Whereas AVe have thought fit that there should be an Executive Council for 
assisting you or Our Lieutenant Governor or Person Administering the Government of 
Our said Province of L^pper Canada for the time l)eing AVe do by these Presents nomi- 
nate and Appoint the Undermentioned Persons to be of the Executive Council vizt 
Thomas Scott Esijuii-e r)ur Chief Justice or the Chief Justice of Our said Province for 
the time l)eing; Jacol) Lord liisliop of Quebec, James Raby, Alexander Grant, John 
Maogill and W. 1). Powell Escjuires And Whereas by an <)rdei- passed in the Province 
of Quebec the Governor anil Council of the said Province were constituted a Court 
of Civil Jurisdiction foi" hearing and determining Appealsin certain Cases therein specified 
And Whereas by an Act passed in the 31st. year of Our Reign it is declared that the 
Governor Lieutenant Governor or person Administering the Government of the said 
Province together with such Executive Council shall beu Court of Civil Juri.sdiction 
within Oui- said Province fi>r hearing and determining Appeals within the same in the 
like cases and in the like njanner and form and suljject to such Appeal therefrom as 
such Appeals might have been before the passing of the al)0ve recited Act heard and 
determined by the Governor and Council of Quebec in order therefore to carry the said 



ixsTnc'CTioys to GorE/hvons 78 

SESSIONAL PAPER No. 18 

Art into execution C>ur Will and Pleasure is that you do in all l.'ivil causeh on appli- 
cation being made to you for tliat purpose permit and allow Appeals from any of the 
Courts of Common Law in Our said Province unto you and the Executive Council of 
the said Province of I'pper Canada in manner prescribed by the alK>ve nu'ntioned Act 
and yuu are for that purpoM* to issue a Writ as nearly in the acrustonu'd muririer iM'fore 
the passiiii,' of tin- aljoveiin-ntioned Act in respect of such appeals as the ca«e will admit 
returnable before yourself and the executive Ctjuneil of the sai<i Province who are to 
piiK^eed to hear and determine such Appeal wherein such of the sai<l Executive Council 
as shall l>e at that time Judtres of the Court fr<.)m whence such Appeal shall be so made 
to you and to ()uv said tlxeeuti\e Council as aforesaid shall not be admitted to Vote 
upon the said Appeal r>ut they may nevertheless V)e present at the hearinj,' thereof to 
give the reasons of the Judgment ;,dveri by them in the causes wherein such Appeal 
shall l>e made provided neverthek-ss that in all such Appeals the Sum or Value 
Appealed for do exceed the Sum of three hunflre.l Pounds Sterling and that security be 
first duly yiven by the Appellant to answer such ciiarges as shall be awarded in case 
the fir-tt sentence be athrmed and if either Parly shall not rest satisfied with the 
Judgment of you and such Executive Couticil as aforesaid Our NN'ill and Pleasure is 
that they may then Appeal unto Is in Our Privy Council provided the Sum or Value 
so App«'aled for unto Us do exceed five Hundred Pounds Sterling and that such 
Appeal l)e maile within fourteen days after Sentence and goixl Security l>e triven by 
the Appellant that he will effectually j)rosecute the same and answer the condemnation 
as also pay such costs an<l damages as shall be awardetl by Is in case the Sentence of 
yoii and the Executive Council Ix' alfirmed I^mvidc'd nevertheless where the matter in 
<|uestion relates to the taking or demanding anv duty {'avable to Us or t<t any fee of 
( 'tfice or Annual Itents or other such like matters or thiny;s where the rights in future 
may be bound In all such cases you and the said Executive Council are to admit an 
Appeal to Us in Our Privy Council though the immediate Sunj or \'alue Appealed for 
l>e of a less N'alue An<i it is (^ur further Will and Pleasun* that in all cases where by 
your Instructions you are to aclmit A})peals unto Us in Our Privy Council execution 
shall he suspende<l until the final determination of such Appeal unl€»ss go<xJ and 
sufficient security Ix' giv»'n by the Apj'ellee U) make ample restitution of all that the 
Appellant shall have lost by means of such decree or judgment in case upon the 
determination of such Appeal such tlecree or Judgment should l>e reversed and 
restitution awarded to the Appellant, You and Our Executive Council are also to peiinit 
Appeals unto Us in Our Privy Council, in all cases of Fines imposed for misth'meanors 
provided the Fines so imposed amount to or exceed the Sum of one hundred Pounds 
Sterling the Appellant first givini: gfx>d security that he will eflfectually prosecute the 
same and answer the Condemnation if the Sentence hy which the Fine was imposed in 
your Oovernment shall be confirmed. 

."ith. And that We may be always informed of the Names and Characters of persons 
fit to sufipiy the Vacancies which may happen in Our said Executive Council you are 
in case of any Vacancy in the said Council tf> transmit to Us through one of Our 
principal Secretaries of State the Names and Characters of such three persons in- 
habitants of (^ur said Province of Upper Canada whom you may esteem l>est qualified 
for fulfilling the Trust of such Executive Councillor. 

Gth. And in the choice and selection of such persons proposed to fill such N'jicancy 
in Our sai<l Executive Council as also of the Chief ( Mficers of Justice you an- always to 
take care that they be Men of good Life well affected to Our (Government and of 
Abilities suitable to their employment. 

7th. And Whereas We are sensible that effectual care ought to be taken to oblige 
the Members of f)ur Executiv.- Council to a due attendance It is Our Will and 
Pleasure in order to prevent the many inconveniences which may happen for want of a 
Quorum of the Council to transact business as occasion may recjuire that if any of the 
Memlx'rs of Our .said Executive Council residing in Our said Province siiall hereafter 
wilfully absent themselves from the Province and continue absent above the space of 
six Months together without leave from you first obtained under your hand and Seal or 
shall remain absent for the space of one year without Our Leave given them under Our 



74 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

Royal Signature their Places in the said Executive Council shall immediately thereupon 
become Void And We do hereby will and require you that this Our Royal Pleasure be 
signified to the several Members of Our said Executive Council and that it be entered 
in the Council Bo»ks as a standing Rule. 

8th. And to the end that Our said Executive Council may be assisting to you in 
all affairs relating to Our Service you are to communicate to them such and so many of 
these Our Instructions wherein their Advice is mentioned to be requi ite and likewise 
all such others from time to time as you shall find convenient for Our Service to be im- 
parted to them. 

9th. You are to permit the Members of Our said Executive Council to have and 
enjoy freedom of debate and Vote in all affairs of public concern which may be debated 
in the said Executive Council. 

10th. And Whereas by the aforesaid recited Act passed in the thirty-first Year of 
Our Reign it is provided that the Seats of the Members of Our Legislative Council shall 
become vacant in certain cases mentioned in the said Act It is Our Will and Pleasure 
that if any Member of Our said Legislative Council shall at any time leave Our said 
Province and reside out of the same you shall report the same to Us by the first 
opportunity through one of Our principal Secretaries of State and you are also in like 
manner to report whether such Member of the said Council is absent by your permission 
or by the permission of Our Lieutenant Governor or Commander in Chief of the said 
Province for the time being and you are also in like manner to report if it shall come to 
your knowledge that any such Member shall at any time take or have taken the Oath 
of Allegiance or obedience to any Foreign Prince or Power or shall be attainted for 
Treason in any Court of Law within any of Our Dominions that We may take such 
measures thereupon as We shall think fit and you are to take especial care that the 
several Provisions of the said Act respecting the several cases in whicli persons may or 
may not be entitled to receive Writs of Summons to the said Legislative Council or to 
hold their places therein shall be duly executed. 

11th. And for the execution of so much of the powers vested in you by Our said 
Commission and by virtue of the said Act as relates to the declaring that You assent in 
Our Name to Bills passed by the Legislative Council and House of Assembly or that 
you withhold Our Assent therefrom or that you reserve such Bills for the signification of 
Our Royal Pleasure thereon It is Our Will and Pleasure that you do carefully observe 
the following Rules directions and Instructions viz : 

That the style of enacting all of the said Laws Statutes and Ordinances be by 
Us Our Heirs and Successors by and with the Advice and consent of the Legislative 
Council and Assembly of our Province of Upper Canada constituted and Assembled by 
virtue and under the Authority of an Act passed in the Parliament of Great Britain 
intituled " An Act to repeal certain parts of An Act passed in the fourteenth year of 
" His Majesty's Reign intituled An Act for making more effectual Provision for the 
" Government of the Province of Quebec in North America and to make further 
" provision for the Government of the said Province " and that no Bill in any other 
form shall be assented to by you in Our Name. 

That each different Matter be provided by a different Law without including in 
one ana the same Act such things as hav^e no proper relation to each other. 

That no clause be inserted in any Act or Ordinance which shall be foreign to 
what the Title of it imports and that no perpetual clause be part of any temporary 
Law, 

That no Law or Ordinance whatever be suspended altered continued revived or 
repealed in general Words but that the Title and date of such Law or Ordinance shall 
be particularly mentioned in the enacting part. 

That in case any Law or Ordinance respecting private Property shall be passed 
without saving of the Right of Us Our Heirs and Successors and of all persons 
bodies Politic or Corporate except such as are mentioned in the said Law or Ordinance 
you shall declare that you withhold Our Assent from the same and if any such Law 
or Ordinance shall be passed without such saving you shall in every such case declare 
that you reserve the same for the signification of Our Royal Pleasure thereon. 



INSTEUCTIOXS TO GOVERNORS 75 

SESSIONAL PAPER No. 18 

That in all Laws or Ordinances for Levying ^Nloney or imposing Fines Forfeitui-es 
or Penalties express mention be made that the same is granted or reserved to Us Our 
Heirs and Successors for the Public Use of the said Province and the support of the 
Government thereof as by the said Law shall be directed and that a clause be inserted 
declaring that the due application of such Money pursuant to the directions of such Law 
shall be accounted for unto Us through Our Commissioners of Our Treasury for the 
time being in such manner and form as We shall direct. 

12th. And Whereas We have by Our said Commission given you full power and 
Authority subject as therein is specified and to these Our Instructions in that behalf to 
issue Writs of Summons and Election and to call together the Legislative Council and 
Assembly of Our said Province of Upper Canada and for the purpose of Electing the 
Members of the Assembly of Our said Province of Upper Canada have also given you 
full power and authority to issue a Proclamation dividing Our said Province of L'pper 
Canada into Districts or Counties or Circles and Towns or Townships and declaring and 
appointing the number of Representatives to be chosen by each of such districts or 
Counties or Circles and Towns or Townships Now Our Will and Pleasure is that you 
shall issue such Proclamation as soon as may be allowing nevertheless a reasonable time 
between the issuing thereof and the time of issuing the Writs of Summons and Election 
abovementioned . 

13th. That all Laws assented to by you in Our Name or reserved for the significa- 
tion of Our Royal Pleasure thereon shall when transmitted by you be fairly abstracted 
in the Margins and accompanied with very full and particular observations upon 
each of them, that is to say, whether the same is introductory to a new Law declaratory 
of a former Law or does i-epeal a Law then before in being And you are also to transmit 
in the fullest manner the reasons and occasions for proposing such Laws together with 
fair Copies of the Journals and Minutes of the proceedings of the said Legislative Coun- 
cil and Assembly which you are to require from the Clerks or other proper Officers in 
that behalf of the said Legislative Council and Assembly. 

llth. And Whereas in the said Act it is provided that in certain cases Acts passed 
by the Legislative Council and Assembly of the Province shall previous to any signifi- 
cation of Our Assent thereto be laid before both Houses of Our Parliament of this King- 
dom And Whereas it is also provided in the said Act that in certain cases Provision 
may be made by the Acts of the Legislative Council and Assembly of the Province As- 
sented to by Us Our Heirs or Successors (thereby reserving the power of giving such 
Assent to Us Our Heirs or Successors only) you are to take especial care that in every 
such case you are to declare that you reserve such Bills for for the signification of Our 
Pleasure thereon, And you will likewise reserve for such signification every other Bill 
which you shall consider to be of an extraordinary or unusual nature or requiring Our 
especial consideration and decision thereupon particularly such as may affect the pro- 
pert)' credit or dealings of such of Our Subjects as are not usually resident within Our 
said Province or whereby duties shall be laid upon British or Irish Shipping or upon 
the produce or Manufactures of Great Britain or Ireland. 

15th. And Whei'eas Laws have formerly been enacted in several of Our Plantations 
in America for so short a time that Our Royal Assent or refusal thereof could not be 
had before the time for which such Laws were enacted did expire You shall not Assent 
in Our Name to any Law that shall be enacted for a less time than two Years except 
in cases of imminent necessity or immediate temporary expediency And you shall not 
declare Our Assent to any Law containing provisions which shall have been dis-allowed 
by Us without express leave for that purpose first obtained from Us upon a full repre- 
sentation by you to be made to Us through one of Our Principal Secretaries of State 
of the reasons and necessity for passing such Law. 

16th. Whereas We have thought fit by Our Orders in Our Privy Council to dis- 
allow certain Laws passed in some of Our Colonies and Plantations in America for con- 
ferring the privileges of Naturalization on persons being Aliens and for divorcing per- 
sons who have been legally joined together in Holy Marriage And Whereas Acts have 
been passed in others of Our said Colonies to enable persons who are Our liege Subjects by 
Birth or Naturalization to Hold and inherit Lands Tenements and real Estates although 



76 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

such Lands Tenements and real Estates had been originally granted to or purchased by 
Aliens antecedent to Naturalization. It is Our Will and Pleasure that you do not 
upon any pretense whatsoever give your Assent to any Bill or Bills that may hereafter 
be passed by the Legislative Council and Assembly of the Province under your Govern- 
ment for the Naturalization of Aliens nor for the Divorce of Persons joined in Holy 
Marriage nor for establishing a Title in any person to Lands Tenements and real Estates 
in Our said Province originally granted or purchased by Aliens antecedent to Naturaliz- 
ation. 

17th. You are to give Warrants under your Hand for the issuing of Public Monies 
for all public Services and We do particularly require you to take care that regular 
Accounts of all receipts and payments of Public Monies be duly kept that the same 
from time to time be Audited by Our Executive Council and that Copies thereof attested 
by you be transmitted every half \'ear or oftener if there should be occasion to Our 
Commissioners of Our Treasury or to Our High Treasurer for the time being and 
duplicates thereof by the next conveyance in which Accounts shall be specified every 
particular Sum raised or disposed of to the end that We may take such measures as we 
may deem necessary for the examination of the said Accounts and that We may be 
satisfied of the right and due application of the Revenues of Our said Province of Upper 
Canada and with the probability of the increase or diminution of it under ever}- head 
and article thereof. 

ISth. Whereas by an Act of Parliament of Great Britain passed in the fourth year 
of Our Reign intituled " An Act to prevent paper Bills of Credit hereafter to be issued 
" in any of His Majesty's Colonies and Plantations in America from being declared to 
" be a legal tender in payment of Money and to prevent the legal tender of such Bills 
" as are now subsisting from being prolonged beyond the periods limited for calling in 
" and sinking the same " it is Enacted that no paper Bills or Bills of Credit should be 
created or issued by any Act order resolution or Vote of Assembly in any of Our Colo- 
n'es or Plantations in America to be a legal tender in payment and that any such Act 
Order Resolution or Vote for creating or issuing such Paper Bill or Bills of Credit or for 
prolonging the legal tender of any such then subsisting and current in any of the said 
Colonies and Plantations should be null and void And Whereas by another Act of Our 
said Parliament passed in the 13th year of Our Reign intituled "An Act to explain and 
" amend the above recited Act passed in the fourth Year of Our Reign as aforesaid " 
It is enacted that any Certificates Notes Bills or Debentures which shall or may be 
voluntarily accepted by the Creditors of the Public within any of the Colonies in 
America as security for the payment of what is due and owing to the said public Credi- 
tors may be made and enacted by the General Assemblies of the said Colonies respec- 
tively to be a tender to the Public Treasurers in the said Colonies for the discharge of 
any duties charges or other debts whatsoever due to and payable at or in the said Public 
Treasuries of the said Colonies in virtue of Laws passed within the same and in no other 
case whatsoever It is Our Will and Pleasure that you do in all things conform your- 
self to the provisions of the said recited Acts both with respect to the not assenting to any 
Bills which may be presented to you for the purpose of issuing or creating paper Bills 
or Bills of Credit to be a legal tender in payment and the Assenting to any Bills by 
which such Certificates Notes or Debentures which may be voluntarily accepted in pay- 
ment by the Public Creditor shall be made a legal tender to the Treasury for Taxes 
Duties and other Payments to the Public Treasury. 

19th. You shall not remit any Fines or Forfeitures whatsoever above the Sum of 
Ten Pounds nor dispose of an)' Forfeitures whatsoever until upon s^ignifying unto the 
Commissioners of Our Treasury or Our High Treasurer for the time being the nature of 
the OflFence and the occasion of such Fines and Forfeitures with the particular Sums or 
value thereof (which you are to do with all speed) you shall have received Our directions 
thei-eon but you may in the mean time suspend the payment of the said Fines and 
Forfeitures. 

20th. And you are on every occasion to transmit to Us through one of Our Prin- 
cipal Secretaries of State with all convenient speed a particular account of all new 
Establishments of J urisdictions Courts Offices and Officers' powers Authorities Fees and 



INSTRUCTIONS TO GOVERNORS 77 

SESSIONAL PAPER No. 18 

Privileges granted and Settled within Our said Province of Upper Canada as likewise 
an Account of all the expenses (if any) attending the Establishment of the said Courts 
and Offices. 

21st. It is Our further Will and Pleasure that all Commissions to be granted by 
you to any Person or Persons to be Judge Justice of the Peace or other necessary Officer 
be granted during Pleasure only. 

22nd. You are not to suspend any of the Members of the said Executive Council 
or to suspend or displace any of the Judges Justices SherijSFs or other Officers or Mi- 
nisters within Our said Province of Upper Canada without good and sufficient cause 
and in case of such suspension or removal you are forthwith to transmit your reasons 
for the same to one of Our Principal Secretaries of State. 

23rd. And Whereas frequent complaints have been made of great delays and undue 
proceedings in the Courts of Justice in several of Our Plantations whereby many of 
Our good Subjects have very much suffered and it being of the greatest importance to 
Our Service and to the welfare of Our Plantations that Justice be every where speedily 
and duly Administered and that all disorders delays and other undue practices in the 
Administration thereof be effectually prevented We do particularly require you to take 
especial care that in all Courts where you are authorized to preside Justice be impar- 
tially Administered and that in all other Courts established within Our said Province 
all Judges and other Persons therein concerned do likewise perform the several duties 
without delay or partiality. 

24th. You are to take care that no Court of Judicature be Adjourned but upon 
good grounds as also that no Orders of any Court of Judicature be entered or allowed 
which shall not be first read and approved of by the Justices in open Court which Rule 
you are in like manner to see observed with I'elation to all proceedings of Our Executive 
Council of Upper Canada and that all Orders there made be first read and approved in 
such Council before they are entered upon the Council Books. 

25th. You are to take care that all Writs within the said Province of Upper 
Canada be issued in Our Name. 

26th. You shall take care with the Advice and assistance of Our Executive Council 
that such Prisons as may at any time be necessary be erected and that the same or any 
other already erected be kept in such a condition as may effectually secure the Prisoners 
which now are or may hereafter Vie confined in them. 

27th. You shall not suffer any Person to execute more Offices than one by Deputy. 

28th. You shall not by Colour of any power or Authority hereby or otherwise 
granted or mentioned to be granted unto you take upon you to give grant or dispose of 
any place or Office within Our said Province which now is or shall be granted under 
the Great Seal of this Kingdom or to which any person is or shall be appointed by 
Warrant under Our Signet and Sign Manual any further than that you may upon the 
Vacancy of any such Office or Place or upon the suspension of any such officer by you 
as aforesaid put in any fit person to officiate in the interval till you shall have repre- 
sented the Matter xinto Us through one of Our Principal Secretaries of State which you 
are to do by the first opportunity and till the said Office or Place is disposed of by Us 
Our Heirs or Successors under the Great Seal of this Kingdom or until some person 
shall be appointed thereunto under Our Signet and Sign Manual or until Our further 
directions be given therein And it is Our express Will and Pleasure that you do give 
reasonable support unto the Patent Officers in the enjoyment of their Legal and estab- 
lished Fees Rights Privileges and Emoluments according to the true intent and meaning 
of their respective Patents. 

29th. And Whereas several Complaints have been made by the Officers of Our 
Customs in Our Plantations in America that they have frequently been obliged to serve 
on Juries and personally to appear in Arms whenever the Militia is drawn out and 
thereby are much hindered in the execution of their employments Our Will and Plea- 
sure is that you take effectual care and give the necessary directions that the several 
Officers of our Customs be excused and exempted from serving in any Juries or person- 
ally appearing in Arms in the Militia unless in cases of absolute necessity or serving 
any particular Offices which may hinder them in the execution of their duties. 



78 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

30th. And Whereas nothing can more effectually tend to the speedy Settling of 
Our said Province of Upper Canada the security of the property of Our Subjects and 
the Advancement of Our Revenue than the disposal of such Lands as are Our Property 
upon reasonable terms and the establishing of a regular and proper method of proceed- 
ing with respect to the passing of grants of such Lands It is therefore Our Will and 
Pleasure that all and every Person or Persons who shall apply for any grant or grants 
of Land shall previous to their obtaining the same make it appear that they are in a 
condition to cultivate and improve the same and in case you shall upon a consideration 
of the circumstances of the person or persons applying for such grants think it advis- 
able to pass the same you are in such case to cause a Warrant to be drawn up directed 
to the Surveyor General or other Officer empowering him or them to make a faithful 
and exact Survey of the Lands so petitioned for and to return the said Warrant within 
six Months at farthest from the date thereof with a Plot or description of the Land so 
Surveyed thereunto annexed and when the Warrant shall be returned by the said Sur- 
veyor or other proper Otficer the Grant shall be made out in due form a^nd the terms 
and conditions required by these Our Instructions be particularly and expressly men- 
tioned therein and it is Our Will and Pleasure that the said Grants shall be registered 
within six Months from the date thereof in the Registi^r's Office and a Docket thereof 
be also entered in Our Auditor's Office Copies of all which entries shall be regularly re- 
turned bj' the proper Officer to Our Commissioners of Our Treasury. 

31st. And for the further encouragement of Our Subjects It is Our Will and 
Pleasure that the Lands to be granted by you as aforesaid shall be laid out in Town- 
ships and that each inland Township shall as nearly as circumstances will admit consist 
of ten Miles Square and such as shall be situated upon a Navigable River or Water 
shall have a front of nine Miles and be twelve Miles in depth and subdivided in such 
manner as shall be found most adviseable for the accommodation of the Settlers and for 
making the several reservations for Public Uses and particularly for the support of the 
Protestant Clergy agreeably to the above recited Act passed in the thirty first Year of 
Our Reign. 

32nd. And Whereas great inconveniences have heretofore arisen in many of Our 
Colonies in America from the granting excessive quantities of Land to particular per- 
sons who have never cultivated or settled the same and have thereby prevented others 
more industrious from improving such Lands in order therefore to prevent the like in- 
conveinences in future It is Our Will and Pleasure that you observe the following 
directions and regulations in all grants to be made by you as aforesaid that is to say 

That no Town Lot shall be granted to any one person being Master or Mistress of 
a family in any Township so to be laid out which shall contain more than one Acre. 

That no Park Lot shall be granted to any one person being Master or Mistress of 
a Family in any Township so to be laid out which shall contain more than twenty four 
Acres. 

That no Farm Lot shall be granted to anyone person being Master or Mistress of 
a family in any Township so to be laid out which shall contain more than two hundred 
Acres. 

It is Our Will and Pleasure and you are hereby allowed and permitted to grant 
unto every such person and persons such further quantity of Land as they may desire 
not exceeding one Thousand Acres over and above what may heretofore have been 
granted to them and in all grants of Land to be made by you as aforesaid you are to 
take care that due regard be had to the quality and comparative, value of the different 
parts of Land comprised within any Township so that each Grantee may have as nearly 
as may be a proportionate quantity of Lands of such different quality and comparative 
value as likewise that the breadth of such Tract of Land to be hereafter granted be one 
third of the length of such tract and that the length of such tract do not extend along 
the Banks of any River, but into the Main Land that thereby the said Grantees may 
have each a convenient share of what accommodation the River may afford for Naviga- 
tion or otherwise. 

33rd. And as a further accommodation to Our Subjects who shall become Settlers as 
aforesaid it is Our Will and Pleasure that the said Townships and the respective 



IXSTRUCTIONS TO GOVERNORS 79 

SE&SIONAL PAPER No. 18 

allotments within the same together with the Lands to be reserved as aforesaid shall be 
run and laid out by Our Surveyor General of Lands for the said Province or some 
skilful person authorized by him for that purpose which Surveys together with the 
Wari'ants and Grants for the respective allotments shall be made out for and delivered 
to the several Grantees free of any expense or fee whatever other than such as may be 
payable to the diflFerent Officers according to the Table of Fees established npon Grants 
of Land made in the said Province. 

.3ith. And in Order to prevent any persons disaffected to Us and Our Government 
from becoming Settlers in Our said Province of L^pper Canada It is Our Will and 
Pleasure that no Warrants for Surveying Lands be granted by you or the Lieutenant 
Governor or person Administering the Government for the time beiiag unless the person 
or persons applying for the same do at the time of making such application besides tak- 
ing the usual Oaths directed by Law also make and subscribe the following declaration 
in your or his presence or in the presence of such person or persons as shall by you or 
him be appointed for that purpose that is to say. "I A.B.- — do promise and declare 
" that I will maintain and defend to the utmost of my power the Authority of the King 
" in his Parliament as the Supreme Legislature of this Province." 

35th. Whereas the reserving such Bodies of Land within Our Province of Upper 
Canada where there are considerable growths of Timber fit for the use of Our Royal 
Navy is a matter of the utmost importance to Our Service it is Our Will and Pleasure 
that no grants whatever be made of Lands in any district or tract of Our said Province 
of L'pper Canada until Our Surveyor General or his deputy lawfully appointed shall 
have Surveyed the same and marked out as Reservations to Us Our Heirs and Succes- 
sors such parts thereof as shall be found to contain any considerable growth of Masting 
or other Timber fit for the use of Our Royal Navy and more especially upon the Rivers 
and you are hereby instructed to direct Our Surveyor General of Lands in Our said 
Province from time to time with all due diligence to complete the Surveys and mark out 
the Reservations as aforesaid in the most convenient parts of Our said Province and 
you are from time to time to report the number extent and situation of such Reservations 
And you are further to direct Our Surveyor General not to Certify any plots of ground 
ordered and Surveyed for any person or persons in order That grants may be made out 
for the same until it shall appear to him by a Certificate under the hand of Our said 
Surveyor General of Woods or his deputy that the Land so to be granted is not part of 
or included in any District marked out as a Reservation for L^s Our Heirs and Succes- 
sors as aforesaid for the purpose herein before mentioned and in order to prevent any 
deceit or fraud from being committed by the persons applying for Lands in this respect 
It is Our Will and Pleasure that in all grants to be hereafter made for Lands within 
Our said Province of Upper Canada the following Proviso and exception be inserted 
that is to say " and provided also that no part of the parcel or tract of land hereby 

"granted to the said . and his heirs be within any Reservation heretofore 

" made and marked for Us Our Heirs and Successors by Our Surveyor General of Woods 
" or his lawful deputy in which case this Our grant for such part of the Land hereby 
" given and granted to the said .... and his Heirs for ever as aforesaid and which 
" shall upon a Survey thereof being made be found within any such reservation shall be 
" null and void and of none eflfect any thing herein contained to the contrary notwith- 
standing." 

36th. And whereas it is necessary that all persons who may be desirous of Settling 
in Our said Province should be fully informed of the Conditions and Terms upon which 
Lands will be granted within Our said Province of Upper Canada in the manner pre- 
scribed in and by the said Act passed in the first Year of Our Reign You are therefore 
as soon as possible to cause a Publication to be made "by Proclamation or otherwise as 
you shall in your discretion think most adviseable of the said Terms and Conditions re- 
specting the granting of Lands in which Proclamation it may be expedient to add some 
short description of the natural advantages of the Soil and Climate and its peculiar con- 
venience for Trade and Navigation. 

37th. And it is Our further Will and Pleasure that all the foregoing instructions 
to you as well as any which you may hereafter receive relative to the passing grants of 



80 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1S06 

Lands in conformity to the said Act passed in the Thirty first year of Our Reign be 
entered upon Record for the information and satisfaction of all parties ■s^'hatever that 
may be concerned therein. 

38th. And Whereas it hath been represented to Us that many parts of the Province 
under your Government are particularly adapted to the Growth and Culture of Hemp 
and Flax it is therefore Our Will and Pleasure that in all Surveys for Settlements the 
Surveyor be directed to report whether there are any or what quantity of Lands con- 
tained within such Surveys fit for the production of Hemp and Flax. 

39th. And Whereas it hath been represented to Us that several parts of Our 
Province of Upper Canada have been found to abound with Coals It is Our Will and 
Pleasure that in all grants of Land to be made by you a clause be inserted reserving to 
Us Our Heirs and Successors all Coals and also all Mines of Gold Silver Copper Tin 
Iron and Lead which shall be discovered upon such Lands. 

40th. You shall cause a Survey to be made of all considerable Landing Places and 
Harboui'S in Our said Province in case the same shall not have already been done and 
report to Us by one of Our Principal Secretaries of State how far any Fortifications be 
necessary for the security and advantage of the said Province. 

41st. Whereas the establishment of proper regulations on mattei's of Ecclesiastical 
concern is an object of very great iniportance it will be your indispensable duty to take 
care that no arrangements in regard thereto be made but such as may give full satisfac- 
tion to Our New Subjects in every point in which they have a right to any indulgence 
on that head always remembering that it is a toleration of the free exercise of the 
Religion of the Church of Rome only to which they are entitled but not to the powers 
and privileges of it as an Established Church that being a preference which belongs 
only to the Protestant Church of England. 

42nd. And upon these principles therefore and to the end that Our just supremacy 
in all matters ecclesiastical as well as Civil may have its due scope and influence it is 
Our Will and Pleasure 

First that all Appeals to or correspondence with any Foreign Ecclesiastical Juris- 
diction of what nature or kind soever be absolutely forbidden under very severe 
Penalties. 

Secondly that no Episcopal or Vicarial Powers oe exercised within Our said Pro- 
vince by any Person professing the Religion of the Church of Rome but such only as 
are indispensably and indisputably necessary for the free exercise of the Romish Relig- 
ion and in those cases not without a licence and permission from you under the Seal of 
Our said Province for and during Our Will and Pleasure and under such other limita- 
tions and restrictions as may correspond with the spirit and provisions of the Act of 
the fourteenth year of Our Reign "for making more effectual provision for the Govern- 
" ment of the Province of Quebec " and no person whatever is to have Holy Orders 
conferred upon him or have the cure of Souls without a licence for that purpose first 
had and obtained from you. 

Thirdly that no person professing the Religion of the Church of Rome be allc^wed to 
fill any Ecclesiastical benefice or to have and enjoy any of the Rights or Profits belong- 
ing thereto who is not a Canadian by birth (such only excepted as are now in possession 
of any such benefices) and who is not appointed thereto by Us or under Our Authority 
and that all right or claim of right in any other person whatever to nominate present 
or appoint to any vacant benefice other than such as may la)4 claim to the Patronage 
of benefices as a Civil right be absolutely abolished no person to hold more than one 
benefice or at least not more than can reasonably be served by one and the same 
incumbent. 

Fourthly that no person whatever professing the Religion of the Church of Rome be 
appointed incumbent of any Parish in which the majority of the Inhabitants shall 
solicit the Appointment of a Protestant Minister in such case the Incumbent shall be 
a Protestant and entitled to all Tythes payable within such Parish but nevertheless the 
Roman Catholics may have the use of the Church for the free exercise of their Religion 
at such time as may not interfere with the Religious Worship of the Protestants aud in 
like manner the Protestant Inhabitants in every Parish where the majority of Parish- 



I^iSTRUCTIONS TO GOVERNORS 81 

SESSIONAL PAPER No. 18 

ioners are Roman Catholics shall notwithstanding have the free use of the Church for 
the exercise of their Religion at such times as may not interfere with the Religious 
Worship of the Roman Catholics. 

Fifthly that no Incumbent professing the Religion of the Church of Rome 
appointed to any Parish shall be entitled to receive any Tythes for Lands or possessions 
occupied by a Protestant but such Tythes shall be reserved in the hands of Our Receiver 
General as aforesaid for the support of a Protestant Clergy in Our said Province to be 
actually resident within the same and not otherwise according to such directions as you 
shall receive from Us in that behalf and in like manner all gi'owing Rents and Profits 
of a vacant benefice shall during such vacancy be reserved for and applied to the like 
uses. 

Sixthly that all Persons professing the Religion of the Church of Rome who are 
already possessed of or may hereafter be appointed to any Ecclesiastical benefice or who 
may be licenced to exercise any power or authority in respect thereto do take and 
subscribe before you in Council or before such person as you shall appoint to Administer 
the same the Oath required to be taken and subscribed by the aforesaid Act of Parlia- 
ment passed in the fourteenth year of Our Reign intituled "An Act for making more 
" eflfectual provision for the Government of the Province of Quebec in North America". 

Seventhly that all incumbents of Parishes professing the Romish Religion not 
being under the Ecclesiastical Jurisdiction of the Bishop of Quebec shall hold their 
respective benefices during their good behavour subject however in case of any convict 
tion for criminal Offences or upon due proof of Seditious attempts to disturb the peace 
and tranquility of Our Government to be deprived or suspended by you. 

Eighthly that such Ecclesiastics as may think fit to enter into the Holy State of 
Matrimony shall be released from all penalties to which they may have been subjected 
in such cases by any Authority of the See of Rome. 

Ninthly that freedom of the Burial of the Dead in the Churches and Church Yards 
be allowed indiscriminately to every Christian Persuasion. 

Tenthly that the Royal Family be prayed for in all Churches and places of Public 
Worship in such manner and form as is used in this Kingdom and that Our Arms and 
Insignia be put up not only in all such Churches and places of holy Worship but also 
in all Courts of Justice and that the Arms of France be taken down in any such Church 
or Court where they may at present remain. 

43rd. You are to permit liberty of conscience and the free exercise of all such 
modes of Religious Worship as are not prohibited by Law to all persons who may inhabit 
and frequent the Province of Upper Canada provided they be contented with a quiet 
and peaceable enjoyment of the same without giving offence or scandal to Government. 

44th. It is Our Will and Pleasure to reserve to you the granting of Licenses for 
Marriages Letters of Administration and Probates of Wills as heretofore exercised by 
you and your predecessors and also to reserve to you and all others to whom it mav 
lawfully belong the patronage and right of presentation to Benefices but it is Our Will 
and Pleasure that the person so presented shall be instituted by the Bishop or his Com- 
missary duly authorized by him. 

45th. You are to take especial care that God Almighty be devoutly and duly 
served throughout your Government that the Lords day be duly kept and the Services 
and Prayers appointed by and according to the Book of Common Prayer be publicly and 
solemnly performed throughout the year. 

46th. You are to take care that the Churches which are or may be hereafter erected 
in Our said Province of L'pper Canada be well and orderly kept. 

47th. You shall reccommend to the Legislative Council and General Assembly of 
the Province of CJpppr Canada to settle the limits of Parishes in such manner as shall be 
deemed most convenient. 

48th. You are to use your best endeavour that each Minister be constituted one 
of the Vestry in his respective Parish and that no Vestry be held without him except 
in case of Sickness or that after notice given of a Vestry he omit to come. 

49th. It is Our Will and Pleasure that you recommend to the Legislative Council 
and Assembly of Our said Province of Upper Canada to make due pro\-ision for the 

18—6* 



82 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

erecting and maintaining of Schools where youth may be educated in competent learn- 
ing and in knowledge of the principles of the Christian Religion. 

50th. And it is Our further Will and Pleasure that no persons shall be allowed to 
keep a School in the Province of Upper Canada without your Licence first had and 
obtained in granting of which you are to pay the most particular attention to the 
Morals and qualifications of the persons applying for the same and in all cases where 
the School has been instituted or appointed for the Education of Members of the Church 
of England or where it is intended that the Schoolmaster should be a Member of the 
Church of England you are not to grant such Licences except to persons who shall first 
have obtained from the Bishop of Quebec or one of his Commissaries a Certificate of 
their being properly qualified for that purpose. 

5ist. And it is Our further Will and Pleasure that in order to suppress every 
species of Vice profaneness and immorality you do forthwith cause all Laws made against 
Blasphemy profaneness Adultery Fornication Polygamy Incest profanation ot the Lord's 
day Swearing and Drunkenness to be strictly put in execution in every part of the Pro- 
vince of Upper Canada and that for this purpose you do direct that the Constables and 
Churchwardens of the several Parishes do make presentment upon Oath of any of the 
Vices beforementioned to the Justices of the Peace in their Session or to any other of 
the Temporal Courts and you are earnestly to recommend to the Legislative Council 
and Assembly to provide effectual Laws for the restraint and punishment of all such of 
the aforementioned Vices against which no Laws are as yet provided or in cases where 
the Laws already made are found to be insufficient and in order to discountenance Vice 
and to promote the practice of Virtue to the utmost of your power AVe do hereby 
strictly command and enjoin you to appoint no person to be a Justice of the Peace or 
to any trust or employment whose notorious ill life or conversation may occasion 
scandal. 

52nd. You are not to present any Protestant Minister to any Ecclesiastical Bene- 
fice within Our said Province by virtue of the said Act passed in the thirty-first year 
of Our Reign and of Our Commission to you without a proper Certificate from the 
Bishop of Quebec or his Commissary of his being conformable to the doctrine and dis- 
cipline of the Church of England. 

53rd. And you are to take especial care that the Table of Marriages established by 
the Canons of the Church of England be hung up in all places of Public Worship accord- 
ing to the Rites of the Church of England. 

54th. It is Our Royal intention that the Peltry Trade of the interior Country shall 
be free and open to all our subjects inhabitants of any of Our Colonies who shall pur- 
suant to what was directed by Our Royal Proclamation of 1763 obtain trading Licenses 
from the Governor of any of Our said Colonies under Penalties to observe such regula- 
tions as shall be made by Our Legislature of Our Province of Upper Canada for that 
purpose these regulations therefore when established must be made public throughout all 
Our American Possessions and they must have for their object the giving every possible 
facility to that Trade which the nature of it will admit and which may be consistent 
with fair and just dealing towards the Native Indians with whom it is carried on. The 
fixing stated times and places for carrying on the Trade and adjusting modes of Settling 
Tarriffs of the price of Goods and Furs and above all the restraining the Sale of Spirit- 
uous Liquors to the Indians will be the most profitable and effectual means of answering 
the ends proposed. 

55th. And Whereas it is expedient for Our Service that We should from time to 
time be informed of the State of the Trade and Fisheries as well as of the Population of 
the said Province of Upper Canada it is Our Will and Pleasure that you do transmit to 
Us through one of Our Principal Secretaries of State and to Our Committee of Our Privy 
Council for Trade and Foreign Plantations for their information yearly and every year a 
full and particular Account of the Fur and Peltry Trade the nature and extent of the 
several Fisheries carried on by Our Subjects or others either on the Lakes or Rivers of 
the said Province the state of the cultivation particularly specifying the quantity of 
Grain hemp and Flax produced and of any other important branch of Trade which may 
in your opinion be undertaken and advantageously carred on by Our Subjects. The 



INSTBUCTIONS TO GOVERNORS 83 

SESSIONAL PAPER No. 18 

number of inhabitants distinguishing them under different heads of Men Women and 
Children inserting in such Account the number of persons Born Christened and Buried 
and any extraordinary influx or emigration from Our said Province specifying at the 
same time the number of Slaves and the number of Our Subjects capable of bearing 
Arms in the Militia The number and Tonnage of Shipping and Craft employed upon 
the Lakes and Rivers in or contiguous to the Province of Upper Canada together with 
any information on these or any other points of the like nature which may be proper to 
be communicated to Us. 

56th. And Whereas you will receive from Our Commissioners for executing the 
Office of High Admiral of Our United Kingdom of Great Britain and Ireland and of the 
Plantations a Commission constituting you Vice Admiral of Our said Province of Upper 
Canada you are required and directed carefully to put in execution the several Powers 
thereby granted to you. 

57th. Whereas it is absolutely necessary that We be exactly informed of the state 
of defence of all Our Plantations in America as well in relation to the Stores of War 
that are in each Plantation as to the Forts and Fortifications there and what more may 
be necessary to be built for the defence and security of the same you are from time to 
time to transmit an Account thereof with relation to Our said Province of Upper 
Canada in the most particular manner and you are therein to express the present state 
of the Arms Ammunition and other Stores of War belonging to the said Province either 
in any Public Magazine or in the hands of private persons together with a state of all 
places either already forfeited or that you may judge necessary to be forfeited for the 
security of Our said Province and you are to transact the said Accounts to Us by one 
of Our principal Secretaries of State and also Duplicates to Our Master General or 
principal Officers of Our Ordnance which Accounts are to express the particulars of 
Ordnance Cari'iages Balls Powder and all other sorts of Arms and Ammunition now in 
Our Public Stores and so from time to time of what shall be sent to you or bought 
with the Public Money and to specify the time of the disposal and the occasion thereof 
and other like Accounts half yearly in the same manner. 

58th. And in case of distress of any other of Our Plantations you shall upon 
application of the respective Governors thereof to you assist them with what aid the 
condition and safety of Our said Province under your Government can spare. 

59th. If anything shall happen which may be of advantage or security to Our 
Province under your Government which is not herein or by your Commission provided 
for We do hereby allow unto you with the advice and consent of Our said Executive 
Council to take order for the present therein provided nevertheless that what shall be 
done be not repugnant to Our Commission and Instructions and to the said Acts 
passed in the fourteenth and thirty first years of Our Reign giving unto Us by one of Our 
principal Secretaries of State speedy notice thereof that you may receive Our Ratifica- 
tion if We shall approve the same Provided always that you do not by colour of any 
power or Authority hereby given you commence or declare War without our knowledge 
or particular Commands thereon except it be for the purpose of preventing or repelling 
Hostilities or unavoidable emergencies when the consent of Our said Executive Council 
shall be had and speedy notice given thereof to Us by one of Our principal Secretaries 
of State. 

60th. And Whereas great prejudice may happen to Our Service and to the security 
of Our said Province by your absence or by the absence of Our Lieutenant Governor for 
the time being you shall not upon any pretence whatsoever come to Europe without 
having first obtained leave for so doing from Us under Our Sign Manual and Signet or 
by Our Order in Our Privy Council. 

(In the Instructions to Sir J. C. Sherbrooke dated 26 March 1816 Two additional 
articles are added after article 60 — numbered respectively 61 & 62 — Article 63 is 
identical with Article 61 in Drumraond's Instructions see page 84.) 

18—61* 



84 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

61st. And you are upon all occasions to send to L"s by one of Our principal Secre- 
taries of State a particular Account of all your proceedings and of the condition of Affairs 
within your Government. P P R 

In the Name and on the behalf of His Majesty, 

GEORGE P. R. 

Lt. General 
Gordon Drummond. 

Trade Instructions. 



eo 



Orders and Instructions to Our Trusty and Wellbeloved Gordon Drum- 

co mond Esquire Lieutenant General of Our Forces or in his absence to 

^ I Our Lieutenant Governor or Commander in Chief for the time being 

9 '-^ of Our Province of Upper Canada Given at Our Court at Carlton 

. ■-' House the twenty ninth day of December 1814 in the fifty fifth 

^ ^ Year of Our Reign. 

(These Instructions are identical with the Trade Instructions sent to Sir J. H. 
Craig of 29th Augt. 1807 see page 28.) 

In the Name and on behalf of His Majesty. 

GEORGE P. R. 

Lt. General Sir 
John Coape Sherbrooke G. C. B. 

Instructions. 

's Instructions to Our Trusty and Welbeloved Sir John Coape Sherbrooke, 

i cT Knight Grand Cross of the Most Honorable Military Order of the 



On 



Bath, Lieutenant General of Our Forces, Our Captain General and 
Governor in Chief in and over Our Province of Upper Canada, or in 
ScD his absence to Our Lieutenant Governor, or Commander in Chief of 

^ '-c Our said Province for the time being Given at Our Court at Carl- 

d ton House the twenty sixth day of March 1816 in the Fifty fifth 

O^ year of Our Reign. 

(These Instructions are the same as those to Drummond, dated 29 December 1814 
down to the end of Article 60*— Articles 61 & 62 as follows are added, & Article 63 is 
the same, as that numbered 61 in the Instructions to Drummond, which see page 28.) 

61st. And Whereas We have thought fit by Our Commission to direct that in 
Case of your Death or Absence from Our said Province, and in Case there be at that 
time no person Commissioned or appointed by Us to be Our Lieutenant Governor or 
appointed by Us to administer the Government within the Province, in the event of the 
Death or Absence of You and of Our Lieutenant Governor of the said Province, the 
Senior Member of the Executive Council who shall be at the time of your Death or 
Absence residing within. Our said Province of Upper Canada, (subject to such other 
nomination and appointment by you under the Great Seal of Our said Province as in 
Our said Commission is in that behalf mentioned) shall take upon him the administration 
of the Government and execute Our said Commission and Instructions and the several 
Powei's and Authorities therein contained in the manner thereby directed It is never- 
theless Our Express Will and Pleasure that in such case the person so administering 
the Government shall forbear to assent to ztay Acts but what are immediately neces- 
sary for the welfare of Our said Province without Our particular Orders for that 
purpose and that he shall not take upon him to dissolve the Assembly then in being nor 
to remove or suspend any of the Members of Our said Executive Council, nor any 
Judges, Justices of the peace or other Officers, Civil or Military without the advice and 



INSTRUCTIONS TO GOVERNORS ' 85 

SESSIONAL PAPER No. 18 

consent of the Majority of the said Executive Council and he is by the first opportunity 
to transmit to Us by One of Our principal Secretaries of State the reasons of such 
alterations signed by him and the Council and Our Will and Pleasure is that the above 
instructions with respect to such Senior Councillor shall also be equally observed by 
and binding upon such other Executive Councillor as may be nominated and appointed 
by you under the Great Seal of Our Province by virtue of Our said Commission in 
that behalf. 

62nd. And "Whereas by Our different Commissions, We have appointed you to be 
Our Governor and Commander in Chief of Our Provinces of Upper Canada and Lower 
Canada, Our Province of Nova Scotia, Our Islands of Prince Edward and Cape Breton 
as well as of Our Province of New Brunswick, And it is Our intention that the Lieute- 
nant Governors Commanding in Our said Provinces of Upper Canada New Brunswick 
and Nova Scotia and the Islands of Prince Edward and Cape Breton should have and 
enjoy the full Salaries, Perquisites and Emoluments granted to them and arising from 
their respective Governments in as full and ample a manner as if the said Governments 
were under Distinct Governors in Chief, It is therefore Our Will and Pleasure that you 
shall not at any time or times when you shall be resident and Commanding in Chief in 
either of Our said Provinces of Upper Canada, Nova Scotia or New Brunswick, or the 
Islands of Prince Edward and Cape Breton have or receive any part of the said Salar- 
ies, perquisites or emoluments but that the same shall continue to be paid and satisfied 
to the Lieutenant Governors of Our said Provinces and Islands respectively in the like 
manner as they usually are during your absence therefrom 

63rd. And you are upon all occasions to send to Us by One of Our principal Sec- 
retaries of State a particular Account of all your proceedings and of the condition of 
affairs within your Government. 

(Trade Instructions to Sherbrooke follow dated 26 March 1816 identical with the 
Trade Instructions to Craig of 29 August 1807 vide page 28.) 

In the Name and on behalf of His Majesty. 

Instructions to Our Right Trusty and Right entirely beloved Cousin 
and Councillor Charles Duke of Richmond Knight of the Most 
Noble Order of the Garter General of Our Forces Our Captain 
General and Governor in Chief in and over Our Province of Upper 
Canada in America or in his Absence to Our Lieutenant Governor 
or Commander in Chief of Our said Province for the time being — 
Given at Our Court at Carlton House the Ninth day of May 1818 
in the fifty eighth year of our Reign. 

These Instructions are the same as those addressed to Drummond dated 29 Dec. 1814 
see page 28 with the exceptions that in the 4th article the members of the Ex- 
ecutive Council are as follows viz. W. D. Powell Esquire Our Chief Justice or the 
Chief Justice of Our said Province for the time being, Jacob Lord Bishop of Quebec, 
James Baby, Samuel Smith, the Revd. John Strachan D.D. k Wm. Claus Esquires & 
Articles 61 k, 62 are added as shewn in the note to Sherbrooke's Instructions vide 
page 48 Article 63 being the same as that numbered 61 in Drummond's Instructions. 



ca ^ 

fc- S ^ J Trade Instructions to the Duke of Richmond as Governor of Upper 

a, "7 =« ^ Canada dated 9th May 1818 the same as those sent to Sir J. H. 

5^2 J^ Craig 29th Augt 1807 vide page 28. 



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86 CA XA DIA N ARCH I VES 

5-6 EDWARD VII., A. 1906 

GEORGE R. 

Lieutenant General the Earl 
of Dalhousie G.C.B. 

eg . 

'^ Instructions to Our Right Trusty and Right Well beloved Cousin and 

c ^ Councillor George Earl of Dalhousie of that part of Our United 

O ^ Kingdom called Scotland Knight Grand Cross of the most Honorable 

^ '-^ Military Order of the Bath Lieutenant General of Our Forces Our 

§;2 Captain General and Governor in Chief in and over Our Province of 

^ 2 Upper Canada or in his absence to Our Lieutenant Governor or 

Q Commander in Chief of Our said Province for the time being Given 

at Our Court at Carlton House the L3th day of April 1820 In the 
first year of Our Reign. 



O 



© These Instructions are the same as those sent to Lt Genl. Gordon 

g^ Drummond x dated 29 Dec. 1814 except that in the 4th Article the 

names of the Members of the Executive Council are as follows vizt 
rH William Dummer Powell Esquire Our Chief Justice or the Chief Justice 

^ of Our sai i Province for the time being Jacob Lord Bishop of Quebec 

James Baby Samuel Smith The Reverend John Strachan D.D. and 
^ William Claus Esquires. And articles 61 & 62 are added as shewn in the 

03 the note to Sherbrooke's instructions vide page 48 Article 63 being the 

g same as that numbered 61 in Drummond's Instructions. 

o- . . - 

"> 
* 

e3 
■^3 
eS 
G 

^ ^ Trade Instructions to the Earl of Dalhousie as Governor of Upper 

ai'7 Canada dated the 13th April 1820 the same as those sent to Sir 

^5^2 J- H. Craig 29 August 1807 vide page 28. 

00 

O WILLIAM R. 

Additional Instructions to Matthew Lord Aylmer dated the 8th February 1835 
the same as Instructions of this date issued to him as Governor of Lower Canada vide 
page 49 ; see also page 95. 

WILLIAM R. 

- — . m 

00 1e . . Instructions to Our Right Trusty and Right Wellbeloved Cousin and 

2 ^ >^<^ Councillor William Pitt Earl Amherst, Our Captain General and 

^ ^ ^^ Governor in Chief in and over Our Province of Upper Canada and in 

"-^ ^ ° rd^ arid over Our Province of Lower Canada, or in his Absence to Our 

^ t:,'o Oh Lieutenant Governor or Commander in Chief of Our said Provinces 

^ S "ro^"^ or either of them for the time being. Given at Our Court at St. 

6 ^ g '^^ James's this second day of April, 1835 in the 5th Year of Our Reign. 

-^ I— I 

Instructions Earl Amherst. 

Whereas by Our Commission under the Great Seal of Our United Kingdom of 
Great Britain and Ireland bearing date at Westminster the 24th day of November 



INSTRUCTIONS TO GOVERNORS 87 

SESSIONAL PAPER No. 18 

1830 in the First year of Our Reign. We did constitute and appoint Our Right Trusty 
and Wellbeloved Matthew Lord Aylmer to be Our Captain General and Governor in 
Chief in and over Our Province of Upper Canada, and in and over Our Province of 
Lower Canada And Whereas We did require and command him the said Matthew Lord 
Aylmer to do and execute all things in due manner that should belong to his said 
Command and the trust We had reposed in him, according to the several powers and 
directions granted or appointed him by his said Commission and the Instructions there- 
in referred to and according to such further powers instructions and authorities as should 
at any future time be granted to or appointed him under Our Signet and Sign Manual, 
or by Our Order in Our Privy Council or by Us through one of Our Principal Secretaries 
of State. And Whereas by Our Commission under the Gj^eat Seal of Our United King- 
dom of Great Britain and Ireland bearing date at Westminister the second day of April 
1835 in the 5th Year of Our Reign We did revoke Our said Commission to the said 
Matthew Lord Aylmer, and constitute and appoint you the said William Pitt Earl 
Amherjt to be Our Captain General and Governor in Chief in and over Our said Province 
of Upper Canada, and in and over Our said Province of Lower Canada, and did by such 
last mentioned Commission require you to conform to Our Instructions accompanying 
the same, and to such further Instructions as should be thereafter addressed to you in 
the manner therein mentioned Now therefore by these Our Instructions We do hereby 
require and direct that for the present and until Our further Pleasure herein shall be 
signified you do in the execution of the Commission so given to you as aforesaid conform 
to and abide by the Instructions referred to in the Commission given to the said Matthew 
Lord Aylmer under date the 24th day of Nov, 1830, or by any such other Instructions 
as have been subsequently addressed by Us to the .?aid Matthew Lord Aylmer or to the 
Officer for the time being administering the Government of Our said Provinces. 

The same Instructions addressed to Earl Amherst as Governor of Lower Canada 
vide page 50. 

WILLIAM R. 

Lord Gosford. 
Instructions. 

ci ^ i-" 

00 "^ ^ Instructions to Our Right Trusty and Right Wellbeloved Cousin and 

o "p -2 Councillor, Archibald Earl of Gosford, Our Captain General and 

a~i J ^6 Governor in Chief in and over Our Province of Upper Canada, or in 

'"' ^ • his Absence to Our Lieutenant Governor or the Officer Administe- 

C) ° o • ^^^^E ^^® Government of Our said Province for the time being. 

H^' >>!2i '^ Given at Our Court at St. James's this 7th day of July 1835 in the 



GO 



Sixth year of Our Reign. 



Whereas by Our Commission under the Great Seal of Our United Kingdom of 
Great Britain and Ireland, bearing date at Westminster the twenty fourth day of Nov- 
vember 1830 in the First year of Our Reign We did constitute and appoint Our Trusty 
and Wellbeloved Matthew Lord Aylmer to be Our Captain General and Governor in 
Chief in and over Our province of Upper Canada, and in and over Our Province of 
Lower Canada : And Whereas We did require and command him the said Matthew 
Lord Aylmer to do and execute all things in due manner that shall belong to his said 
Command and the Trust We had reposed in him, according to the several Powers 
ct Authorities granted or appointed him by his said Commission, and the Instructions 
therein referred to, and according to such further Powers Instructions and Authorities 
as should at any future time be granted to or appointed him under Our Signet and 
Sign Manual, or by Our Order in Our Privy Council, or through one of Our Principal 
Secretaries of State. And Whereas by Our Commission under the Great Seal of Our 
United Kingdom of Great Britain and Ireland bearing date the second day of April 



88 CAXA DIA N A RGHl VES 

5-6 EDWARD VII., A. 1*906 

1835 in the 5tli year of Our Reign constituting Our Right Trusty and Right Wellbe- 
loved Cousin et Councillor William Pitt Earl Amherst to be Captain General and 
Governor in Chief in and over the aforesaid Provinces of Upper Canada and Lower 
Canada, We did x-evoke and determine the said Commission bearing date the 30th day 
of November 1830. And further Whereas by a certain other Commission bearing date 
at Westminster the First day of July 1835 in the Sixth year of Our Reign We did re- 
voke the said last mentioned Commission of the second day of April 1835 to the said 
William Pitt Earl of Amherst, and did constitute and appoint you the said Archibald 
Earl of Gosford to be Our Captain General and Governor in Chief in and over Our 
said Province of Upper and Lower Canada, and did by such last mentioned Commission 
of the First day of July 1835 require you to conform to our Instructions accompanying 
the same, and to such further Instructions as should be thereafter addressed to you in 
the manner therein mentioned : Xow therefore by these Our Instructions We do 
hereby require and direct that for the present and until Our further pleasure herein 
shall be signified, you do in the execution of the Commission so given to you as afore- 
said conform to and abide by the Instructions referred tp in the Commission given the 
said Matthew Lord Aylmer under date the Twenty fourth day of November 1830, or 
by such other Instructions as may have been subsequently addressed by Us to the said 
Matthew Loi'd Aylmer, or to the Officer administering the Government of our said 
Province of Upper Canada. 

WILLIAM R. 

00 An Additional An Additional Instruction to Our Right Trusty and 

'~\ Instruction to Wellbeloved Cousin and Councillor xVrchibakl 

^ Governor of Earl of Gosford, Our Captain General and Gov- 

^ Upper Canada. ernor in Chief in and over Our Province of Upper 

— Canada, or in his absence to Our Lieutenant Gov- 

Upper Canada ernor or to the Officer administering the Govern- 

'-^ Academy. ment of our said Province of Upper Canada for 

O — the time being. Given at Our Court of St. James's 

Q this 13th day of July, 1836, in the Seventh Year 

of Our Reign. 

Whereas divers of Our faithful Subjects resident in Our Province of Upper Canada 
and elsewhere have by their humble Petition to Us prayed that they and their Succes- 
sors might be Incorporated together as one Body Politic and Corporate, under the name 
and title of "The Upper Canada Academy " for the purposes hereinafter mentioned, to 
which their request We have graciously condescended We do therefore authorize and 
require you the said Archibald Earl of Gosford, Our Captain General and Governor in 
Chief in and over Our said Province of Upper Canada as aforesaid, or in your absence Our 
Lieutenant Governor, or the Officer administering the Government thereof, to pass 
Letters Patent under the Public Seal of Our said Province of Upper Canada in the fol- 
lowing words that is to say, William the Fourth by the Grace of God of the United 
Kingdom of Great Britain and Ireland, King, Defender of the Faith. To all to whom 
these Presents shall come Greeting : Whereas divers of Our loving Subjects of the Wes- 
leyan Methodist Church in Our Province of Upper Canada have represented to Us that 
with the aid of private and voluntary Contributions they have erected certain buildings 
in the vicinity of the Town of Cobourg in the Newcastle District of Our said Province 
of Upper Canada adapted for the purposes of an Academy of learning with the inten- 
tion of founding there an Academy for the General Education of Youth in the various 
branches of Literature and Science on Christian principles, and that they have been 
advised that the undertaking would be more successfully and effectually prosecuted if 
it were protected by Our Royal Sanction by means of a Royal Charter of Incorporation 
They have most humbly supplicated Us to grant Our Royal Charter of Incorporation 
for the purposes aforesaid under such regulations and restrictions as to Us might seem 
right and expedient : Now know ye that We being desirous to maintain sound and use- 



INSTBUCTIOXS TO GOVERNORS 89 

SESSIONAL PAPER No. 18 

ful learning in connection with Christian principles and highly approving the design of 
providing the same in Our said Province of Upj^er Canada by means of the founding an 
Academy of Learning in Our said Province, have by virtue of Our Royal Prerogative 
and of Our especial Grace, certain knowledge and mere motion, granted constituted and 
declared, and by these Presents for Us Our Heirs and Successors do grant constitute 
and declare that the Academy intended to be so founded shall be called the " Upper 
Canada Academy " and that for the purpose of establishing and maintaining the same 
there shall be nine Trustees three of whom shall go out of Office annually in rotation, 
and whose places shall be supplied in manner hereinafter mentioned, and that Our 
Trusty and AVellbeloved Subjects tAie Rev'd. William Case, the Keverend John Beatty, 
Minister of Toronto Home District in Our said Province, Ebenezer Perry Merchant, 
George Benjamin Spencer, Gentleman, John McCarthy Merchant of Cobourg aforesaid, 
James Rogers Armstrong of the City of Toronto Home District Merchant, John Coun- 
ter of Kingston, Midland District in Our said Province, Baker, Bella [Billa] Flint, junior 
of Bellville in the Midland District of Our said Province Merchant, and the Reverend 
"William Ryerson of Hamilton in the Gore District of Our said Province, shall be and 
are hereby appointed and declared to be the first nine Trustees of the said Academy, 
and shall be and are hereby constituted one Body Politic and Corporate by the Name of 
" The Trustees of the Upper Canada Academy," and shall by the same 
name and for the purposes aforesaid have perpetual succession to be 
kept up in manner hereinafter directed, and shall have a common Seal 
with power to break alter and renew the same at their discretion, and shall by the 
sam3 name sue and be sued implead, and be impleaded answer, and be answered unto 
in any and every Court of Us Our Heirs and Successors in any and every part of Our 
Dominions. And We do hereby Will and ordain that by the same name they and 
their Successors shall be able and capable in Law to take purchase and hold to them and 
their Successors any goods Chattels and personal property whatsoever and shall also be 
able and capable in Law to take purchase and hold, to tliem and their Successors not 
only all such Lands Buildings Hereditaments and possessions as may be from time to 
time exclusively used and occupied for the immediate purposes of the said Academy, but 
also any other Lands Buildings, Hereditaments and possessions whatsoever situate 
within Our Dominions of North America, not exceeding the annual value of £2000 
Sterling money, such annual value to be calculated and ascertained at the time of taking 
purchasing and acquiring the same, and that they and their Successors shall be able and 
capable in the Law to grant, demise, alien or otherwise dispose of all or any of the 
property real or personal belonging to the said Academy and also to do all other matters 
and things incidental or appertaining to a Body Corporate, and they and their Successors 
shall have the Custody of the Common Seal of the said Academy with power to use the 
same for the affairs and concerns thereof. And that the Trustees shall have power to 
accept on behalf of the said Academy Gifts and Endowments for promoting particular 
objects of education science and literature or otherwise in aid of the general purposes of 
the said Academy on such terms and conditions as may be agreed on for the purpose 
between the Trustees and the persons bestowing any such Gift or Endowment : And 
We do hereby Will and ordain that the various branches of Literature and Science shall 
be taught on Christian principles in the said Academy under the Superintendance of a 
^' Principal" or other " Head" Professors and Tutors, or such other Masters or Instructors 
as shall from time to time be appointed in the manner hereinafter mentioned. And We 
do hereby Will and Ordain that there shall be five Visitors of the said Academy with 
authority to do all those things which pertain to Visitors as often as to them shall seem 
meet and who shall go out of Office annually : And We will and ordain that Our Trusty 
and Wellbeloved subjects Charles Biggar Esquire, J ustice of the Peace, Murray, New- 
castle District, Joseph A. Keeler, Esquire, Justice of the Peace, Colborne, Newcastle 
District, the Revd. John Ryerson, Wesleyan Minister Hallowell, District of Prince 
Edward, the Reverend Joseph Stinson, W^esleyan INIinister, Kingston, Midland District, 
and Alexander Dividson Esquire, Port Hope Newcastle District shall be the first Visitors 
of the said Academy and their Successors shall be elected in the manner hereinafter 
mentioned. We further Will and Ordain that there shall be a Treasurer and a Secretary 



90 CAXADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

for the said Academy, who shall and may be chosen and displaced by the Trustees as they 
shall think fit at a Meeting of the Trustees at which not less than five of the Trustees shall 
be present. That a Meeting of the Trustees only shall be called a " Trustee Meeting " 
of which five shall be a Quorum, and a Meeting of the Visitors alone shall be called a 
" Visitors Meeting " of which three shall be a quorum, that the Trustees and Visitors 
together shall be called the " Board " of the said Academy and a Meeting of the 
Trustees and Visitors shall be called a " Board Meeting " of which eight shall be a 
quorum, and in all such Meetings a Chairman shall be appointed by the Members then 
present, and the Chairman of every such Meeting shall have a vote, and in case of an 
equality of Votes shall have a second or casting Vote That the Board for the time 
being shall have full power from time to time to appoint and as they shall see occasion 
to remove the " Principal " or other "Head," the Professors Tutors and Masters and 
all Otiicers, Agents and Servants of the said Academy, and the said Board shall have 
full power from time to time to make and to alter or vary any Bye Laws and Regula- 
tions touching or concerning the timos and place of holding ordinary Trustee Meetings, 
Vestry Meetings and Board Meetings and for the good ordering and Government of the 
said Academy, the performance of Divine Service therein, the studies lectures and 
exercises of the Students, and all matters respecting the same, the residence duties 
salary provision and emoluments of the "Principal" or other "Head" of the said 
Academy the number residence, duties, salaries, provision and Emoluments of the 
Professors, Tutors, Masters, OflEicers, Agents and Servants, of the said Academy respec- 
tively, and all other matters and things which to them may seem good, fit, or useful, for 
the well ordering, governing and advancement of the said Academy and all such Bye 
Laws when reduced into writing, and after the common Seal of the said Academy hath 
been affixed thereto shall be binding upon all persons Members thereof : Provided that 
no such Bye Laws shall be repugnant to the Laws and Statutes of Great Britain and 
Ireland, or of Our said Province of Upper Canada, or to this Our Charter: Provided 
also that no Religious Test or Qualification shall be required of or appointed for any 
person on his admission as a Student or Scholar into the said Academy. That any 
three Trustees shall by notice in writing to the other Trustees be competent to 
call an extraordinary Trustee Meeting ; and any two of the Visitors shall be 
competent in like manner to call an extraordinary Visitors Meeting, and 
any Five Members of the Board shall be competent in like manner to call 
an extraordinary Board Meeting at any time and place they may see fit on any occasion 
which in their judgment may render it expedient for them so to do. That the Trustees 
Visitors and Board shall respectively cause records and Minutes of all their procesdings 
acts and resolutions of all and every of their Meetings ordinary and extraordinary to 
be kept in Books provided for that purpose, and which records and Minutes shall before 
the breaking up or adjournment of any such Meeting be read aloud by the Chairman in 
the presence of such Meeting and shall be signed by him and being so signed shall 
until the contrary be shown be deemed and taken to be the Record and Minutes of such 
Meeting and that the same Meeting was duly convened and held : And the said 
Trustees shall keep a Book or Books of Accounts of the Financial affairs of the said 
Academy, all which Books of Records Minutes and Accounts shall be produced to and 
audited yearly by the annual Meeting as hereinafter mentioned : That for making 
provision for filling up vacancies in the Places of Trustees dying, resigning or going out 
of Ofiice in manner hereinafter mentioned, and for appointing Visitors to the said 
Academy, there shall be holden in each year an annual Meeting of the Ministers of the 
said Wesleyan Methodist Church in Upper Canada, and the first annual Meeting of the 
said Members shall be holden at the City of Toronto or the Town of Coburg in Our said 
Province on the second Wednesday in the Month of June 1837, and everj^ subsequent 
annual Meeting shall be holden at a place and on some day in the month of June to be 
fixed and appointed at the said first day, and every subsequent annual Meeting shall be 
holden on the second Wednesday in the Month of June, and if no place shall be fixed 
and appointed as aforesaid shall be holden at the City of Toronto aforesaid Provided 
always that every person who shall at the time of any such Annual Meeting be duly 
authorized to '■olemnize the Ceremony of Matrimony in Our said Province by virtue of 



IXSTRUCTIOXS TO GUVERXORS 91 

SESSIONAL PAPER No. 18 

an Act of the Provincial Parliament of Our said Province, made and passed in the first 
year of Our Reign and assented to by Us, entitled, " An Act to make valid certain 
" Marriages heretofore contracted, and to provide for the future solemnization of 
" Matrimony in this Province," and who shall have duly obtained a Certificate for 
that purpose as a Wesleyan Methodist Minister accoz-ding to the provisions of the 
said Act, and no other person whomsoever shall be deemed and taken to be a Wesleyan 
Methodist Minister within the true intent and meaning of these Presents : That on 
the day on which the annual Meeting in the year 1837, 1838 tt 1839 shall be 
holden three of the said Trustees appointed by this Our Charter to be determined 
by Ballot shall go out of Office, and on the day on which every annual Meeting shall 
be held after the year 1839, three of the Trustees who shall then have been longest in 
Office shall go out of office, calculating the period for which each of the Trustees for the 
time being shall have been in Office from the day of his last Election in case of his hav- 
ing been elected more than once; But the Trustees who on the day on which any annual 
Meeting shall be held are to go out of office by ballot or rotation as aforesaid shall not 
be considered out of Office until after such Meeting shall have broken up or adjourned: 
That on the day on which the annual Meeting in the year 1837 shall be holden. and on 
the day on which every succeeding annual Meeting shall be holden three Trustees shall 
be elected in the places of the the three who are to go out by rotation, as hereinbefore is 
mentioned, but every Trustee going out of office whether by Ballot or rotation shall be 
considered immediately re-eligible: That in case there shall be any casual vacancy among 
the Trustees arising from Death or any Cause except that of going out by Ballot or 
rotation as before mentioned the annual Meeting next after or during which any such 
casual vacancy shill occur shall also elect a Trustee or Trustees as the case may be to 
fill e\ery such casual vacancy, and any person who shall be elected a Trustee in conse- 
quence of, and to fill up such casual vacancy shall be a substitute only for the person 
whose place he may supply, and shall continue in Office only for the same period as the 
person whose place he may supply would have continued if such person had continued 
in Office until the time when he must necessarily have gone out by Ballot or rotation as 
before mentioned : That the said Annual Meeting to be holden in the year 1837 shall 
appoint Five Visitors of the said Academy in place of the Five Visitors appointed by 
this Our Charter, and every subsequent annual Meeting shall appoint Five Visitors in 
the places of the Five who were in Office during the preceding year, but any visitor 
going out of Office shall be re-eligible to be immediately reappointed to the Office 
of Visitor : Provided that no person shall at the same time be both a Trustee and 
Visitor of the said Academ}- : That at the Annual Meeting in the Year 1837 and 
at the like fleeting in every succeeding year the Trustees and Visitors shall report 
their proceedings during the preceding year in the execution of their Office, and 
of the then existing state of the Academy and shall cause the acco unts to be 
balanced up to the 31st day of December in every year, or up to suc-h other period 
as any Annual Meeting may from time to time appoint, and shall in ecery year 
produce, and lay all such Accounts and proceedings before the said Annual Meeting, 
all which accounts and proceedings shall be examined in every year before the Annual 
Meeting, and so far as such Accounts and proceedings shall be found to be correct, 
And shall not be found contrary or repugnant to this Our Charter, nor to any such Law 
as aforesaid the same shall be allowed and signed by the President and Secretary of the 
said Annual Meeting, and being so allowed and signed, shall unless and until the same 
be shewn to be incorrect, be binding and conclusive on all the Members of the said 
Corporation, and all persons claiming under them : That the said Annual Meeting shall 
at every such Meeting elect a Secretary and a President from among themselves, who 
shall Continue in Office, unless sooner displaced by the said annual Meeting, until a 
Secretary and President shall be in like manner elected at the then next subsequent 
Meeting, and such Secretary and President shall each have a vote as other Members of 
the Meeting and in case of an even division the President shall have and give an addi- 
tional or casting V^ote : That no Act in the premises shall be done at any such annual 
Meeting unless there be forty Members thereof or upwards present at the doing thereof, 
And the Act of a Majority of the Members present shall be the Act of the Meeting 



92 CA XA Dl A N A llCHl VES 

5-6 EDWARD VII., A. 1906 

That the Election and Appointment of all Trustees and Visitors of the said Academy 
by the said annual Meeting, and all other their Acts in the premises shall be 
recorded in a Book by the Secretary for the time being, and after being read aloud in 
the Meeting by the Secretary for the time being, shall be signed by him and by the 
President for the time being, and being so signed shall so far as the same be not repug- 
nant to this Our Charter or to any such Law as aforesaid be binding on the said Minis- 
ters and on all the Members of the said Corporation, and all persons claiming under 
them : That in case the said Act of Our said Province hereinbefore mentioned shall be 
hereinafter at anj time or from time to time altered or repealed in whole or in part and 
any other provision or enactment shall at any time or times hereafter be added to the 
said Act or substituted for the same or any part thereof so repealed, and by which 
added or substituted Enactment the Ministers of the said Wesleyan Church in Our said 
Province shall be authorized to solemnize Matrimony, this Our Charter shall for all and 
every the intents purposes and privileges of this Our Charter be held to have reference 
to every such added or substituted Enactment as fully and effectually as the same now 
has to the said Act hereinbefore mentioned. And lastly We do hereby for Us Our 
Heirs and Successors grant and declare that these Our Letters Patent or the Enrol- 
ment or exemplification thereof shall be in and by all things valid and effectual in the 
Law according to the true intent and meaning of the same, and shall be construed and 
adjudged in the most favourable and beneficial sense for the best advantage of the said 
Academy as well in all our Courts of every part of Our Dominions as elsewhere, not- 
withstanding any non-recital, mis-recital, uncertainty or imperfection in these Our 
Letters Patent In Witness ttc. Witness &c. And for so doing this shall be your 
W^arrant. 

W. R. 
VJCTORIA R. 

1 ""C ? Instructions to Our Right Trusty and Right W^ellbeloved Cousin and 

2 "^3* Councillor John George Earl of Durham Knight Grand Cross of 

2 '^ „ the Most Honorable Order of the Bath, Our Captain General and 

Q- cr. ^ cc j§ Governor in Chief in and over Our Province of Upper Canada or 

y£ic c 'o 2 in his absence to Our Lieutenant Governor, or the Officer Admin- 

^rC istering the Government of Our said Province for the time being 
Given at Our Court at Windsor the 2nd day of April 1838 in the 

First year of Our Reign. 

1—1 

Whereas by a Commission under the Great Seal of the United Kingdom of Great 
Britain and Ireland bearing date at Westminster the 12th day of April 1820 in the 
First year of the Reign of Our late Royal Predecessor King George the Fourth His said 
late Majesty did constitute and appoint George Earl of Dalhousie, since deceased to be 
Captain General and Governor in Chief in ilr over the Province of Upper Canada ct in &, 
over the Province of Lower Canada, and did thereby require ct Command him the said 
George Earl of Dalhousie to do & execute all things in due manner that should belong 
to his said Command ct the Trust so reposed in him according to the several Powers & 
directions granted & appointed him by his said Commission and the Instructions therein 
referred to. 

And whereas the Instructions so referred to as aforesaid in the said Commission 
did accompany the same under the Signet it Sign Manual of His said late Majesty King 
George the Fourth and bearing date the 13th day of April 1820. 

And Whereas the Successive Governors and Officers administering the Government 
of Our said Provinces respectively, subsequently to the appointment of the said George 
Earl of Dalhousie under successive Commissions issued for that purpose under the Great 
Seal as aforesaid by Our late Royal Predecessor King William the Fourth, were In- 
structed by His said late Majesty to execute such Commissions according to the stand- 
ing Instructions so addressed as aforesaid to the said George Earl of Dalhousie. 

And Whereas by a Commission under Our Great Seal bearing date at Westminster 
the 30th day of March in the First year of Our Reign, We did constitute & appoint 



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INSTHUCTIONS TO GOVERNORS 93 

SESSIONAL PAPER No. 18 

you the said John George Earl of Durham to be Our Captain (ieneral & Governor in 
Chief in and Over Our said Province of Upper Canada A: did thereby require li: Com- 
mand you the said John George Earl of Durham to do and execute all things in due 
manner that should Ijelong to your said Command and the Trust thereby reposed in 
you, according to the several Powers Provisions & directions granted or appointed you 
by virtue of Our said Commission and according to such Instructions as are therein 
mentioned. 

And Whereas the said standing Instructions so addressed as aforesaid to the said 
George Earl of Dalhousie are in many respects obsolete ifc; inapplicable to the present 
condition of the said Province of Upper Canada, et have in certain respects been super- 
seded by Statutes made & Enacted by Us or by Our said late Royal Predecessors either 
with the advice & consent of Parliament or with the advice tt consent of the Legislative 
Council cV: Assembly of the said Province of Upper Canada. 

And Whereas it is therefore expedient that the said standing Instructions so ad- 
dressed as aforesaid to the said George Earl of Dalhousie should be revised, but in the 
present condition of Our said Province the final revision thereof could not be completed 
without prejudice to Our Service. 

Xow therefore by these Our Instructions accompanying your said Commission We 
do authorise and require you to conform to and abide by the said standing Instructions 
so addressed as aforesaid by His said late Majesty King George the Fourth to the said 
Earl of Dalhousie, but so far only as the same are not obsolete, or have not been super- 
seded by any such Statute as aforesaid or as the same may not be found to be inappli- 
cable to the present state of affairs in Our said Province. 

Sir J. Colborne G. C. B. 
&c., (fee, ikc. 
Instructions. 



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Instructions to Our Trusty and Well beloved Sir John Colborne Knight 
Grand Ci'oss of the Most Honorable Military Order of the Bath 
2 ^» Our Captain General and Governor in Chief in and over Our Pro- 

H ^ ^ ^ vince of Upper Canada or in his absence to Our Lieutenant Governor 

^ ^s: ^. or the Officer administering the Government of Our said Province for 

. o -§ o the time being Given at Our Court at Windsor this thirteenth day 

^, g-p of December 1838 in the Second year of Our Reign. 



Whereas by a Commission under the Great Seal of the United Kingdom of Great 
Britain and Ireland bearing date at Westminster the 12th day of April 1820 in the 
First year of the Reign of Our late Royal Predecessor King George the Fourth — His 
sa'd late Majesty did constitute and appoint George Earl of Dalhousie since deceased to 
be Captain General k Governor in Chief in and over Our Province of Upper Canada and 
did thereby require and command him the said George Earl of Dalhousie to do and 
execute all things in due manner that should belong to his said Command and the 
Trust so reposed in him according to the several powers and directions granted and 
appointed him by his said Commission and the Instructions therein referred to. 

And whereas the Instructions referred to as aforesaid in the said Commission did 
accompany the same under the Signet and Sign Manual of His said late Majesty King 
George the Fourth bearing date the 13th day of April 1820. 

And Whereas the successive Governors and Officers administering the Government 
of the said Province respectively, subsequently to the appointment of the said George 
Earl of Dalhousie under successive Commissions issued for that purpose under the Great 
Seal aforesaid by Our late Royal Predecessor King William the Fourth were instructed 
by his said late Majesty to execute such Commissions according to the standing Insti'uc- 
tions so addressed as aforesaid to the said George Earl of Dalhousie. 



94 CA XA DIA N A RCHl VES 

5-6 EDWARD VII., A. 1906 

And whereas by a Commission under Our Great Seal of Our said United King- 
dom bearing date at Westminster the 30th day of March in the First year of Our 
Reign, we did constitute and appoint John George Earl of Durham Knight Grand 
Cross of the Bath to be Our Captain General and Governor in Chief in and over Our 
said Province of Upper Canada & did thereby require and command him the said 
John George Earl of Durham to do and execute all things in the inaaner that should 
belong to his said Command and the Trust We had reposed in him, according %o the 
several powers provisions and directions Granted or appointed him by Virtue of Our 
said Commission and according to Instructions as are therein mentioned. 

And Whereas We did by certain Instructions bearing date the 2nd day of April 
1838, which accompanied Our said Commission authorize and require the said John 
George Earl of Durham, to conform to and abide by the said standing Instructions so 
addressed as aforesaid by His said late Majesty King George the Fourth to the said 
Earl of Dalhousie, but so far only as the same were not obsolete or had not been super- 
seded by any Statute made and enacted by Us or by Our said Royal Predecessors either 
with the advice and consent of Parliament or with the advice and consent of the Legis- 
lative Council and Assembly of Our said Province of Upper Canada or as the .same 
might not be found to be inapplicable to the then State of Affairs in Our said Province. 

And whereas by a certain other Commission under the Great Seal of Our said 
United Kingdom bearing date this 13th. day of December in the 2nd year of Our 
Reign, We have revoked and determined the said recited Commission, appointing the 
said John George Earl of Durham Our Captain General and Governor in Chief in and 
over Our said Province of Upper Canada, and have constituted and appointed you the 
.said Sir John Colborne to be Our Captain General and Governor in Chief in and over 
Our said Province, and have thereby required you to do and execute all things in due 
manner that shall belong to your said Command and the Trust We have reposed in 
you according to the several powers, provisions and directions granted or appointed you 
by virtue of Our said last recited Commission and according to such Instructions as 
are therein mentioned. 

Now therefore by these Our Instructions under Our Sign Manual and Signet 
accompanying Our said Commission constituting and appointing you the said Sir John 
Colborne Our Captain General and Governor in Chief in and over Our said Province 
of Upper Canada, We do authorize and require you the said Sir John Colborne to 
conform to and abide by the said standing Instructions so addressed as aforesaid by 
his said late Majesty King George the Fourth to the said Earl of Dalhousie ; but so far 
only as the same are not obsolete, or have not been superseded by any such Statute as 
aforesaid or as the same may not be found to be inapplicable to the present state of 
Affairs in Our said Province. — 

VICTORIA R. 

Instructions to Our right trusty and well-beloved Councillor Charles 
Poulett Thomson, Our Captain General and Governor in Chief in 
and over Our Province of Lower Canada, or in his Absence to Our 
Lieutenant Governor or the Officer administering the Government 
of Our said Province for the Time being. Given at our Court at 
Windsor the 7th Day of September 1839, in the Third Year of Our 
Reign. 

" Whereas His Majesty King George the Fourth did, by certain Letters Patent under 
the Great Seal of the United Kingdom of Great Britain and Ireland, bearing Date at 
Westminster the r2th Day of April 1820, in the First Year of his -Reign, constitute and 
appoint George Earl of Dalhousie (since deceased) to be Captain General and Governor 
in Chief in and over Our Provinces of Upper and Lower Canada, in America : And 
whereas certain general Instructions under the Royal Sign Manual and Signet accom- 
panied the said recited Letters Patent, addressed to the said George Earl of Dalhousie, 
in the following words ; that is to say, 



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INSTBUCTIONS TO GOVERNORS 95 

SESSIONAL PAPER No. 18 

[For Instructions to the Earl oj Dalhousie here quoted vide Parliamentary Paper 
printed by Order of the House of Lords loth August IS-JS, No. o67, pp. 2 to 17 A 

And whereas His late Majesty King William the Fourth did, by certain Letters 
Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, 
bearing Date at Westminster the 24th Day of November 1830, in the First Year of His 
Reign, constitute and appoint Matthew Lord Aylmer to be Captain General and Gover- 
nor in Chief in and over 'the said Provinces of Upper Canada and Lower Canada, and 
did thereby require and command him the said Matthew Lord Aylmer to execute his 
said Commission and the Trust thereby reposed in him, so far as the same related to the 
Province of Lower Canada, according to the said general Instructions herein-before at 
length recited, addressed to the said George Earl of Dalhousie : and whereas certain Parts 
of the said general Instructions to the said George Earl of Dalhousie (hereinbefore at 
length recited) were subsequently amended by certain additional Instructions addressed 
by His said late Majesty under the Royal Sign Manual and Signet to the said Matthew 
Lord Aylmer, in the following Words ; that is to say, 

" Additional Instructions to Our right trusty and well-beloved Matthew Lord 

" AylmeK, Knight Commander of the Most Honourable Military Order of the 

" Bath, Lieutenant General of Our Forces, Our Captain General and Governor 

" in Chief in and over our Province of Lower Canada, or in his Absence to 

" Our Lieutenant Governor or Commander in Chief of Our said Province for 

" the Time being. Given at Our Court at St. Jailies's this 8th Day of February 

" 1835, in the Fifth Year of Our Reign." 

"Whereas by Our Commission under Our Great Seal of Our United Kingdom of 

"Great Britain and Ireland, bearing Date at Westminster the 2'4th Day of November 

"1830, constituting and appointing you to be Our Captain (General and Governor in 

"Chief in and over Our Province of Upper Canada, and in and over Our Province of 

"Lower Canada, in North America. We did amongst other things give and grant, that 

"if upon your Death or Absence out of Our said Provinces of Upper Canada and Lower 

"Canada, or either of them, there be no Person upon the Place commissioned or ap- 

"pointed by Us to be Our Lieutenant Governor, or specially appointed by Us to ad- 

"minister the Government within Our said Provinces, Our Will and Pleasure is, that 

"the senior Military Officer in command of Our Forces within Our said Province of Upper 

"Canada or in Our said Province of Lower Canada shall take upon him the Administra- 

"tion of the Government thereof ; and that he, or such other Military Officer as may 

"from Time to Time succeed to the command of Our Forces, shall execute in Our said 

"Provinces respectively Our said Commission mentioned, and the several Powers and 

"Authorities therein contained, in the same Manner and to all Intents and Purposes as 

"other Our Captain General and Governor in Chief should or ought to do in case of 

"your Absence or until your Return, or in all Cases until Our further Pleasure should 

"be known therein : And whereas We did by the said Commission require and com- 

"mand you to do and execute all Things in due Manner that should belong to your 

"said Command and the Trust We have reposed in you, according to the several Powers, 

"Provisions, and Directicms granted or appointed you by virtue of Our said Commissit n 

"and of the Act of Parliament therein practically mentioned, and of such Instructions 

"as had been given to the Earl of Dalhousie, late Captain General and Governor in 

"Chief of Our said Provinces, or which might from Time to Time be given in manner 

"therein mentioned : And whereas by the said Instructions to the said Earl of Dal- 

"housie Provision is made respecting the Succession to and temporary Administration 

"of the Governments of Our said Province of Upper Canada and of Our said Province 

"of Lower Canada, in certain Contingencies mentioned in such Instructions : And 

"whereas the said Instructions, so far as they relate to such Succession and temporary 

"Administration, are inconsistent and at variance with Our said Commission : Now, 

"We do hereby revoke and annul so much and such Parts of the said Instructions so 

"given as aforesaid to the said Earl of Dalhousie as provide for, regulate, or in any 

"Manner relate to the Succession to or the temporary Administration of the Govern- 

"ment of Our said Provinces, or either of them ; it being Our Will and Pleasure that 



96 CA NA DIA N A RCHI VES 

5-6 EDWARD VII., A. 1906 

"the Provision made in manner aforesaid in and by Our said Commission respecting 
"the Succession to and temporary Administration of the said Governments respectively 
"be in all Things strictly observed and followed." 

And. whereas His said late Majesty King William the Fourth did, by certain other 
Letters Patent under the Great Seal of the United Kingdom of Great Britain and 
Ireland, bearing Date at Westminster the 2nd Day of April 1835, in the Fifth Year of 
His Reign, revoke and determine the said last-recited Letters Patent appointing the 
said Matthew Lord Aylmer Captain General and Governor in Chief in and over the 
said Provinces of L^pper Canada and Lower Canada, and did constitute and appoint 
William Pitt Earl Amherst be Captain General and Governor in Chief in and over the 
said Provinces : And whereas by certain Instructions under the Royal Sign Manual 
and Signet, which accompanied the said last-recited Letters Patent, the said William 
Pitt Earl Amherst was commanded to execute the said Commission and the Trust 
thereby reposed in him, so far as related to the said Province of Lower Canada, accord- 
ing to the said general Instructions herein- before recited addressed to the said George 
Earl of Dalhousie, as the same stand amended by the said additional Instructions Chere- 
in-before also I'ecited) addressed to the said Matthew Lord Aylmer. 

And whereas His said late Majesty King William the Fourth did, by certain other 
Letters Patent under the Great Seal of the United Kingdom of Great Britain and 
Ireland, bearing Date at Westminster the 1st Day of July 1835, in the Fifth Year of 
His Reign, revoke and determine the said last-recited Letters Patent appointing the 
said William Pitt Earl Amherst Captain General and Governor in Chief in and over 
the said Provinces of Upper and Lower Canada, and did constitute and appoint Archi- 
bald Earl of Gosford to be Captain General and Governor in Chief in and over the said 
Provinces : And whereas by certain Instructions under the Royal Sign Manual and 
Signet, which accompanied the said last-recited Letters Patent, the said Archibald Earl 
of Gosford was commanded to execute his said Commission and the Trust thereby re- 
posed in him, as far as related to the said Province of Lower Canada, according to the 
said general Instructions herein-before recited, addressed to the said George Earl of 
Dalhousie, as the same stand amended by the said additional Instructions, herein-before 
also recited, addressed to the said Matthew Lord Aylmer : 

And whereas We did, by certain other Letters Patent under the Great Seal of Our 
United Kingdom of Great Britain and Ireland, bearing Date at Westminster the 30th 
Day of March 1838, in the First Year of Our Reign, revoke and determine the said 
iast-recited Letters Patent appointing the said Archibald Earl of Gosford Captain 
Genei'al and Governor in Chief in and over Our said Provinces of Upper and Lower 
Canada, and did constitute and appoint John George Earl of Durham to be Our Captain 
General and Governor in Chief in and over Our said Province of Lower Canada : And 
whereas by certain Instructions under Our Royal Sign Manual and Signet, which 
accompanied Our said last-recited Letters Patent, after reciting the general Instructions 
hereinbefore recited, addressed to the said George Earl of Dalhousie, as the same were 
revised and amended by the said additional Instructions addressed to the said Matthew 
Lord Aylmer, had become in many respects obsolete and inapplicable to the then 
Condition of Our said Province of Lower Canada, or has been superseded by Statutes 
made and enacted by Us or by Our Royal Predecessors, either with the Advice and 
Consent of Parliament, or with the Advice and Consent of the Legislative Council and 
Assembly of Our said Province ; and that therefore it was expedient that the said 
general Instructions should be revised, but that in the then Condition of our said 
Province, the final Revision thereof could not be completed without Prejudice to Our 
Service, the said John George Earl of Durham was commanded to execute his said 
Commission and the Trust thereby reposed in him, according to the said general 
Instructions addressed to the said George Earl of Dalhousie, as the same were revised 
and amended by the said additional Instructions addressed to the said Matthew Lord 
Aylmer, so far as the said general Instructions had not become obsolete or had not been 
superseded by any Statutes made or enacted by Us or by Our Royal Predecessors, either 
with the Advice and Consent of Parliament, or with the Advice and Consent of the 
Legislative Council and Assembly of Our said Province, or so far as the same might not 
be found inapplicable to the then State of Affairs in Our said Province : 



INSTRUCTIONS TO GOVERNORS 97 

SESSIONAL PAPER No. 18 

And whereas We did, by certain other Letters Patent under the Great Seal of Our 
United Kingdom of Great Britain and Ireland, bearing Date at Westminster the 13th 
Day of December 1838, in the Second Year of Our Reign, revoke and determine the 
said last-recited Letters Patent appointing the said John George Earl of Durham Our 
Captain General and Governor in Chief in and over Our said Province of Lower 
Canada, and did constitute and appoint Sir John Colborne, Knight, to be Our Captain 
General and Governor-in-chief in and over Our said Province : And whereas by certain 
Instructions under Our Royal Sign Manual and Signet, which accompanied the said 
last-recited Letters Patent, the said Sir John Colborne was commanded to execute his 
said Commission and the Trust thereby reposed in him according to the said General 
Instructions (herein-before recited) addressed to the said George Earl of Dalhousie, as 
the same stand amended by the said additional Instructions (herein-before also recited) 
addressed to the said Matthew Lord Aylmer, so far as the same had not become obsolete 
or had not been superseded by any Statutes made or enacted by Us or by Our Royal 
Predecessors, either with the Advice and Consent of Parliament, or with the Advice 
and Consent of the Legislative Council and Assembly of the said Province, and so far 
as the same might not be found to be inapplicable to the then State of Affairs in Our 
said Province : 

And whereas We have, by certain other Letters Patent under the Great Seal of 
Our United Kingdom of Great Britain and Ireland, bearing Date at Westminster this 
Seventh Day of September 1839, in the Third Year of Our Reign, revoked and deter- 
mined the said last-recited Letters Patent appointing the said Sir John Colborne Our 
Captain General and Governor in Chief in and over Our said Province of Lower Canada, 
and have constituted and appointed you the said Charles Pculett Thomson to be Our 
Captain General and Governor in Chief in and over Our said Province : And whereas 
it is expedient that the said general Instructions addressed to the said George Earl of 
Dalhousie, as the same stand amended by the said additional Instructions addressed to 
the said Matthew Lord Aylmer, should be further revised and amended ; but in the 
present Condition of Our said Province such Revision thereof could not be made without 
Prejudice to Our Service : We do therefore, by these Our Instructions under Our Royal 
Sign Manual and Signet accompanying Our said recited Letters Patent appointing you 
Our Captain General and Governor in Chief in and over Our said Province of Lower 
Canada, command you that for the present, and until Our further Pleasure herein shall 
be signified, you do execute your said Commission and +he Trust thereby reposed in you, 
according to the said general Instructions (herein-before recited) addressed to the said 
George Earl of Dalhousie, as the same stand amended by the said additional Instruc- 
tions (herein-before also recited) addressed to the said Matthew Lord Aylmer, so far as 
the same have not become obsolete or have not been superseded by any Statutes made 
and enacted by Us or by Our Royal Predecessors, either with the advice and Consent 
of Parliament, or with the Advice and Consent of the Legislative Council and Assembly 
of Our said Province, or so far as the same may not be found to be inapplicable to the 
present State of Affairs in Our said Province. 

V. R. 



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Additional Instructions to Our right trusty and well-beloved Coun- 

^ ^o £ "^ . cillor Charles Poulett Thomson, Our Captain General and Gov- 

s "^ o "J M ernor in Chief in and ove^" Our ProA'ince of Lower Canada, or in 

'^^. ■-' "5 Q ""^ ^^^ Absence to Our Lieutenant Governor or the Officer adminis- 

^ '^ o^ ^J tering the Government of Our said Province for the Time beinsf. 

■^ tc o -6 &• Given at Our Court at Windsor the 7th Day of September 1839, 

g S S c ^ in the Third Year of Our Reign. 
< O 

Whereas by Our Commission under the Great Seal of [Our United Kingdom of 
Great Britain and Ireland constituting you Our Captain General and Governor in 
Chief in and over Our Province of Lower Canada, We did require and command you to 
do and execute all Things in due Manner that should belong to your said Command and 

18—7* 



98 CANADIAN ARCHIVES 

6-6 EDWARD VII., A. 1906 

the Trust We have thereby reposed in you, according to the several Powers and 
Authorities granted or appointed you by the said Commission and the Instructions 
under Our Sign Manual and Signet therewith given to you, and according to such 
further Powers, Directions, and Authorities as should at any Time thereafter be granted 
or appointed you under Our Royal Sign Manual and Signet, or by Our Order iii Our 
Privy Council, or by Us through one of Our Principal Secretaries of State : 

And whereas by an Act passed in the First Year of Our Reign, intituled " An 
"Act to make temporary Provision for the Government of Lower Canada," it is 
amongst other things enacted, that it shall be lawful for Us, by any Commission or 
Commissions to be from Time to Time issued under the Great Seal of Our United 
Kingdom, or by any Instructions under Our Signet and Sign Manual, and with the 
Advice of Our Privy Council, to Constitute a Special Council for the Affairs of Our said 
Province of Lower Canada, and for that Purpose to appoint such and so many Special 
Councillors as to Us should seem meet, and to make such provision as to Us should 
seem meet for the Removal, Suspension, or Resignation of all or any such Coun- 
cillors : 

And whereas by another Act passed in this Third Year of Our Reign, 
intituled " An Act to amend an Act of the last Session of Parliament, for 
" making temporary Provision for the Government of Lower Canada, " it is 
amongst other things enacted, that the Number of Councillors forming the 
Special Council in manner provided by the said Act passed in the last Session of 
Parliament (herein- before recited) shall not be less than Twenty, and that no Business 
shall be transacted at any Meeting of the said Special Council at which there are not 
present at least Eleven Councillors : Now know you, that in pursuance of the Powers 
so vested in Us by the said recited Act, We have, with the advice of Our Privy Coun- 
cil, by these present Instructions under Our Signet and Sign Manual, thought fit to 
constitute, and with the Advice aforesaid do hereby constitute, such Special Council 
for the Affairs of Lower Canada, and for that Purpose have authorized, and do hereby 
authorize, you to appoint not less than Twenty Special Councillors for the Purposes of 
the said Act : 

And it is Our Pleasure, and We do hereby direct, that such persons only shall be 
appointed by your Special Councillors in pursuance hereof and of the said first-recited 
Act as shall be Persons of approved Loyalty and good Life, and as shall be of the full 
Age of Twenty-one Years, and as shall be Our Subjects natural-born or duly naturalized ; 
and We do hereby provide and declare that all or any such Councillors may, at their 
Pleasure, resign such their Offices, and that it shall be competent to you, upon any 
good and sufficient Cause to you appearing, to suspend any such Councillor : And We 
do hereby reserve to Us full Power and Authority, from Time to Time, as to Us shall 
seem meet, to remove all or any such Councillors. 

V. R. 

Instructions to Our right trusty and well-beloved Councillor Charles 
Poulett Thomson, Our Captain General and Governor in Chief in 
and over Our Province of Upper Canada, or in his Absence to Our 
Lieutenant Governor or the Officer administering the Government 
of Our said Province for the Tiiiie being. Given at Our Court at 
Windsor the 7th Day of September li'SQ, in the Third Year of our 
Reign. 

Whereas His Majesty King George the Fourth did, by certain Letters Patent 
under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing Date 
at Westminister the 12th day of April 1820, in the First Year of His Reign, constitute 
and appoint George Earl of Dalhousie (since deceased) to be Captain General and Gover- 
nor in Chief in and over Our Provinces of Upper and LoAver Canada ; And whereas 
certain general Instructions under the Royal Sign Manual and Signet accompanied the 
the said recited Letters Patent addressed to the said George Earl of Dalhousie in the 
following Words ; that is to say. 



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I2^STRUCTI0XS TO GOVERNORS 99 

SESSIONAL PAPER No. 18 

" Orders and Instructions to Our right trusty and right well-beloved Cousin and 

"Councillor George Earl of Dalhousie, of that Part of Our United Kingdom 

'' called Scotland, Knight Grand Cross of the Most Honourable Military 

" Order of the Bath, Lieutenant General of Our Forces, Our Captain General 

" and Governor in Chief in and over Our Province of Upper Canada, or in his 

" Absence to Our Lieutenant Governor or Commander in Chief of Our said 

" Province for the time being. Given at Our Court at Carlton House the 

" 13th Day of April 1820, in the First Year of Our Reign. 

" First. With these Our Instructions you will receive Our Commission under 

" Our Great Seal of Our United Kingdom of Great Britain and Ireland constituting 

" you Our Captain General and Governor in Chief in and over Our Provinces of Upper 

" Canada and Lower Canada, bounded as in Our said Commission is particularly ex- 

" pressed : In the Execution, therefore, of so much of the Office and the Trust We have 

" reposed in you as relates to Upper Canada, you are to take upon you the Admini- 

" stration of the Government of the said Province, and to do and execute all Things be- 

" longing to your Command, according to the several Powers and Authorities of Our said 

" Commission under Our Great Seal of Our United Kingdom of Great Britain and 

" Ireland, and of the Act passed in the Thirty first Year of the Reign of Our dearest Father 

" His late Majesty King George the Third, therein recited, and of these Our Instruc- 

" tions to you, and according to such further Powers and Instructions as you shall at 

" any Time hereafter receive under Our Signet and sign Manual, or by Our Order in 

" Our Privy Council, or through one of Our Principal Secretaries of State. 

" Second. And you are, with all due Solemnity, before the Members of Our Exe- 
" cutive Council, to cause Our said Commission to be read and published ; which being 
" done, you shall then take, and also administer to each of the Members of Our said 
" Executive Council, the several Oaths, and subscribe to the Declaration therein re- 
" quired. 

" Third. You shall also administer or cause to be administered the Oaths men- 
" tioned in Our said Commission to all Persons, except as hereafter mentioned, that shall 
" be appointed to hold or exercise any Office, Place of Trust, or Profit in Our said 
" Province, previous to their entering on the Duties of such Office, and you shall also 
" cause them to make and subscribe the aforesaid Declaration ; but in Cases where any 
" such Office, Place of Trust, or Profit in Our said Province of Upper Canada shall be 
" conferred on any of Our Subjects who may profess the Religion of the Church of 
" Rome, you shall, so often as any such Person shall or may be admitted into any such 
" Office, Place of Trust, or Profit, administer or cause to be administered to him the 
" Oath prescribed in and by an Act of Parliament passed in the Fourteenth Year of the 
" Reign of His late Majesty King George the Third, intituled ' An Act for making 
" more effectual Provision for the Government of the Province of Quebec in North 
" America,' and also the usual Oath for the Execution of such Office, Place of Trust, or 
" Profit, in lieu of all other Tests and Oaths whatsoever. 

" Fourth. Whereas We have thought fit that there should be an Executive Coun- 
" cil for assisting you or Our Lieutenant Governor or Person administering the Govern- 
" ment of Our said Province of Upper Canada for the Time being ; We do by these 
" Presents nominate and appoint the under-mentioned Persons to be of the Executive 
"Council of Our said Province; viz., William Drummer Power, [Dummer Powell] 
" Esquire, Our Chief Justice, or the Chief Justice of Our Province for the the Time 
■' being ; Jacob Lord Bishop of Quebec ; James Baley [Baby] ; Samuel Smith ; The 
" Reverend John Strachan, D.D. ; and William Clans [Claus] Esquire : And whereas 
"by an Order passed in the Province of Quebec the Governor and Council of 
" the said Province were constituted a Court of Civil Jurisdiction for hearing 
" and determining Appeals in certain Cases therein specified : And whereas, by 
" an Act passed in the Thirty-first Year of the Reign of Our dearest Father 
" His late Majesty King George the Third it is declared, that the Governor, 
" Lieutenant Governor, or Person administering the Government of the said Province, 
" together with such Executive Council, shall be a Court of Civil Jurisdiction 
" within Our said Province for hearing and determining Appeals within the same, in 
18— 7i* 



100 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

" the like Cases, and in the like Manner and Form, and subject to such Appeal there- 
" from, as such Appeals might have been, before the passing of the above-recited Act, 
" heard and determined by the Governor and Council of Quebec : in order, therefore, 
" to carry the said Act into execution,Our AVill and Pleasure is, that you do in all Civil 
" Causes, on Application being made to you for that Purpose, permit and allow Appeals 
" from any of the Courts of Common Law in Our said Province unto you and the 
" Executive Council of the said Province of Upper Canada, in Manner prescribed by 
" the above-mentioned Act, and you are for that Purpose to issue a Writ, as nearly in 
" the accustomed Manner before the passing of the above mentioned Act, in 
" respect of such Appeals as the Case will admit, returnable before yourself 
" and the Executive Council of the said Province, who are to proceed to 
" hear and determine such Appeal, wherein such of the said Executive Council as 
" shall be at that Time Judges of the Court from w^hence such Appeal shall be so made 
" to you and to Our said Executive Council as aforesaid shall not be admitted to vote 
" upon the said Appeal, but they may nevertheless be present at the Hearing thereof, 
" to give the Reasons of the Judgments given by them in the Causes wherein such 
" Appeal shall be made ; provided nevertheless, that in all such Appeals the Sum or 
" Value appealed for do exceed the Sum of Three hundred Pounds Sterling, and that 
" Security be first duly given by the Appellant to answer such Charges as shall be 
" awarded, in case the first Sentence be affirmed ; and if either Party shall not rest 
" satisfied with the Judgment of you and such Executive Council as aforesaid Our Will 
" and Pleasure is, that they may then appeal unto Us in Our Privy Council, provided 
" the Sum or Value so appealed for unto Us do exceed the Sum of Five hundred Pounds 
" Sterling, and that such Appeal be made within Fourteen Days after such Sentence, 
" and good Security be given by the Appellant that he will effectually prosecute the 
" same and answer the Condemnation, as also pay such Costs and Damages as shall be 
" awarded by Us, in case the Sentence of you and the Executive Council be affirmed : 
" Provided, nevertheless, where the Matter in question relates to the determining any 
" Duty payable to Us, or to any Fee of Office or annual Rents, or other such like 
" Matters or Things, where the Rights in future may be bound, in all such Cases you 
" and the said Executive Council are to admit an Appeal to Us in Our Privy Council, 
" though the immediate Sum or Value appealed for be of a less Value : And it is Our 
" further Will and Pleasure, that in all Cases where, by your Instructions, you are to 
" admit Appeals unto Us in Our Privy Council, Execution shall be suspended until the 
" final Determination of such Appeal, unless good and sufficient Security be given by 
" the Appellee to make ample Restitution of all that the Appellant shall have lost by 
" means of such Decree or Judgment ; in case, upon the Determination of such Appeal, 
" such Decree or Judgment should be reversed and Restitution awarded to the Appel- 
" lant, you and Our Executive Council and also to permit Appeals unto Us in Our 
" Privy Council in all Cases of Fines imposed for Misdemeanors, provided the Fines so 
" imposed amount to or exceed the Sum of One hundred Pounds Sterling, the Appellant 
" first giving good Security that he will effectually prosecute the same, and answer the 
" Condemnation, if the Sentence by which the Fine was imposed in your Government 
" shall be confirmed. 

" Fifth. And that We may be always informed of the Names and Characters of 
" Persons fit to supply the Vacancies which may happen in Our said Executive Council, 
" you are, in case of any Vacancy in the said Council, to transmit to Us, through one 
" of Our Principal Secretaries of State, the Names and Characters of such Three 
" Persons, Inhabitants of Our said Province of Upper Canada, whom you may esteem 
" best qualified for fulfilling the Trust of such Executive Councillor. 

" Sixth. And in the Choice and Selection of such Persons proposed to fill such 
" Vacancy in Our said Executive Council, as also of the Chief Officers of Justice ; you 
'• are always to take care that they be Men of good Life, well affected to Our Govern- 
" ment, and of Abilities suitable to their Employment. 

" Seventh. And whereas We are sensible that effectual Care ought to be taken to 
"■ oblige the Members of Our Executive Council to a due Attendance ; it is Our Will 
" and Pleasure, in order to prevent the many Inconveniences which may happen for 



INSTRUCTIONS TO GOVERNORS 101 

SESfSIONAL PAPER No. 18 

*' "Want of a Quorum of the Council to transact Business as Occasion may require, that 
*' if any of the Members of Our said Executive Council residing in Our said Province 
" shall hereafter wilfully absent themselves from the Province, and continue absent 
" above the Space of Six Months together, without Leave from you first obtained under 
" your Hand and Seal, or shall remain absent for the Space of One Year without Our 
*' Leave given them under Our Royal Signature, their Places in the said Executive 
" Council shall immediately thereupon become void. And We do hereby will and 
" require you, that this Our Royal Pleasure be signified to the several Members of 
" Our said Executive Council, and that it be entered in the Council Books as a stand- 
" ing Rule. 

" Eighth. And to the end that Our said Executive Council may be assisting to 
"■ you in all Affairs relating to Our Service, you are to communicate to them such and 
" so many of these Our Instructions wherein their Advice is mentioned to be requisite, 
" and likewise all such others, from Time to Time, as you shall find convenient for Our 
" Service to be imparted to them. 

" Ninth. You are to permit the Members of Our said Executive Council to have 
" and enjoy Freedom of Debate and Vote in all Affairs of public Concern which may be 
" debated in the said Executive Council. 

" Tenth. And whereas by the aforesaid recited Act passed in the Thirty-first 
" Year of the Reign of Our dearest Father His late Majesty King George the Third it 
*' is provided, that the Seats of the Members of Our Legislative Council shall become 
*' vacant in certain Cases mentioned in the said Act ; it is Our Will and Pleasure that 
" if any Member of Our said Legislative Council shall at any Time leave Our said 
" Province and reside out of the same, you shall report the same to Us through one of 
" Our Principal Secretaries of State; and you are also in like Manner to report whether 
" such Member of the said Council is absent by your Permission or by the Permission 
" of Our Lieutenant Governor or Commander in Chief of the said Province for the 
" Time being ; and you are also in like Manner to report if it shall come to your 
" Knowledge that any such Member shall at any Time take or have taken the Oath of 
" Allegiance or Obedience to any Foreign Prince or Power, or shall be attainted for Trea- 
'' son in any Court of Law within any of Our Dominions, that We may take such 
" Measures thereupon as We shall think fit; and you are to take especial Cai'e that the 
" several Provisions of the said Act respecting the several Cases in which Persons may 
" or may not be entitled to receive Writs of Summons to the said Legislative Council, 
*' or to hold their Places therein, shall be duly executed. 

-' Eleventh. And for the Execution of so much of the Powers vested in you by 
" Our said Commission and by virtue of the said Act as relates to the declaring that 
" you assent in Our Name to Bills passed by the Legislative Council and House of 
*' Assembly, or that you withhold Our Assent therefrom, or that you reserve such Bills 
" for the Signification of Our Royal Pleasure thereon, it is Our Will and Pleasure that 
" you do carefully observe the following Rules, Directions, and Instructions, namely, 
*' That the Style of enacting all the said Laws, Statutes, and Ordinances be, by L"s, 
•' Our Heirs and Successors, by and with the Advice and Consent of the Legislative 
" Council and Assembly of Our Province of Upper Canada, constituted and assembled 
*' by virtue and under the Authority of an Act passed in the Parliament of Great 
" Britain, intituled ' An Act to repeal certain Parts of an Act passed in the Fourteenth 
" Year of His Majesty's Reign, intituled ' An Act for making more effectual Provision 
" for the Government of the said Province of Quebec in North America,' and to make 
" further Provision for the Government of the said Province,' and that no Bill in any 
" other Form shall be assented to by you in Our Name : That each different Matter 
" be provided for by a different Law, without including in one and the same Act such 
*' Things as have no proper relation to each other : That no Clause be inserted in any 
*' Act or Ordinance which shall be foreign to what the Title of it imports, and that no 
" perpetual Clause be Part of any temporary Law : That no Law or Ordinance whatever 
" be suspended, altered, continued, revived, or repealed in general Words, but that the 
" Title and Date of such Law or Ordinance shall be particularly mentioned in the 
" enacting Part : That in case any Law or Ordinance respecting private Property shall 



102 CAN A DIA N A tiCHI VES 

5-6 EDWARD Vli., A. 1906 

*' be passed without a Saving of the Right of Us, Our Heirs and Successors, and of all 
'* Persons or Bodies Politic or Corporate, except such as are mentioned in the said Law 
" or Ordinance, you shall declare that you withhold Our Assent from the same ; and if 
" any such Law or Ordinance shall be passed without such Saving you shall in every 
" Case declare that you reserve the same for the Signification of Our Royal Pleasure 
" thereon : That in all Laws or Ordinances for levying Money, or imposing Fines, 
" Forfeitures, or Penalties, express Mention be made that the same is granted to Us, 
" Our Heirs and Successors, for the public Uses of the said Province, and the Support 
" of the Government thereof, as by the said Law shall be directed, and that a Clause 
" be inserted, declaring that the due Application of such Money, pursuant to the 
" Directions of such Law, shall be accounted for unto Us, through Our Commissioners 
" of Our Treasury for the Time being, in such Manner and Form as we shall direct. 

" Twelfth. And whereas We have by Our said Commission given you full Power 
" and Authority subject as therein specified, and to these Our Instructions in that 
" Behalf, to issue Writs of Summons and Election, and to call together the Legislative 
" Council and Assembly of Our said Province of Upper Canada ; and for the Purpose 
" of electing the Members of the Assembly of Our said Province of Upper Canada, have 
" also given you full Power and Authority to issue a Proclamation dividing Our said 
" Province of Upper Canada into Districts or Counties or Circles and Towns or Town- 
" ships : Now, Our Will and Pleasure is, that you shall issue such Proclamation as 
" soon as may be, allowing nevertheless reasonable Time between the issuing thereof 
" and the Time of issuing the Writs of Summons and Election above-mentioned. 

" Thirteenth. That all Laws assented to by you in Our Name, or reserved for the 
" Signification of Our Royal Pleasure thereon, shall, when transmitted by you, be fairly 
" abstracted in the Margins, and accompanied with very full and particular Observa- 
" tions upon each of them, that is to say, whether the same is introductory to a new 
" Law, declaratory of a former Law, or does repeal a Law then before in being ; and 
" you are also to transmit in the fullest Manner, the Reasons and Occasion for pro- 
" posing such Laws, together with fair Copies of the Journals and Minutes of the Pro- 
" ceedings of the said Legislative Council and Assembly, which you are to require from 
" the Clerks or other proper Officers in that Behalf of the said Legislative Council and 
" Assembly. 

"Fourteenth. And whereas in the said Act it is provided that in certain Cases 
" Acts passed by the Legislative Council and Assembly of the Province shall previous, 
" to any Signification of Our Assent thereto, be laid before both Houses of Our 
" Parliament of this Kingdom : And whereas it is also provided in the said Acts, 
" that in certain Cases Provision may be made by the Acts of the Legislative Council 
" of the Assembly of this Province, assented to by Us, Our Heirs and Successors 
" (thereby reserving the Power of giving such Assent to Us, Our Heirs or Successors, 
" only); you are to take especial Care that in every such Case you are to declare that 
" you reserve such Bills for the Signification of Our Pleasure thereon, and you will like- 
"wise reserve for such Signification every other Bill which you shall consider to be of 
" an extraordinary or unusual Nature, or requiring Our especial Consideration and 
•' Decision thereupon, particularly such as may aflFect the Property, Credit, or Dealings 
" of such of Our Subjects as are not usually resident within Our said Province, or 
" whereby Duties shall be laid upon British or Irish Shipping, or upon the Produce or 
" Manufactures of Ore it Britain or Ireland. 

" Fifteenth. And whereas Laws have formerly been enacted in several of Our 
" Plantations in America for so short a Time that Our Royal Assent or Refusal thereof 
" could not be had before the Time for which such Laws were enacted did expire : you 
" shall not assent in Our Name to any Law that shall be enacted for a less Time than 
" Two Years, except in Cases of imminent Necessity or immediate temporary Expe- 
" diency ; and you shall not declare Our Assent to any Law containing Provisions 
" which shall have been disallowed by Us, without express Leave for that Purpose first 
" obtained from Us, upon a full Representation by you, to be made to L"s through One 
" of Our Principal Secretaries of State, of the Reasons and Necessity of passing such 
" Law. 



INSTRUCTIONS TO GOVERNORS 103 

GESfelONAL PAPER No. 18 

" Sixteenth. Whereas We have thought fit by Our Orders in Our Privy Council, 
" to disallow certain Laws passed in some of Our Colonies and Plantations in America, 
" for conferring the Privileges of Naturalization on Persons being Aliens, and for divorc- 
" ing Persons who have been legally joined together in holy Marriage : And whereas 
" Acts have been passed in others of Our said Colonies to enable Persons who are Our 
" liege Subjects by Birth or Naturalization to hold and inherit Lands, Tenements, and 
" Real Estates, although such Tenements and Real Estates have been originally granted 
" to or purchased by Aliens antecedent to Naturalization ; it is Our Will and Pleasure, 
" that you do hot, upon any Pretence whatsoever, give your Assent to any Bill or Bills 
" that may hereafter be passed by the Legislative Council and Assembly of the said 
" Province under your Government, for the Naturalization of Aliens, nor for the Divorce 
" of Persons joined in holy Marriage, nor for establishing a Title in any Person to 
" Lands, Tenements, and Real Estates in Our said Province originally granted or pur- 
" chased by Aliens antecedent to Naturalization. 

" Seventeenth. You are to give Warrants under your Hand for the issuing of 
" Public Monies for all Public Services : and We do particularly require you to take care 
"that regular Accounts of all Receipts and Payments of Public Monies be duly kept ; 
" that the same from Time to Time be duly audited by Our Executive Council, and tliat 
" Copies thereof, attested by you, be transmitted every Half Year, or oftener if there 
" should be Occasion, to Our Commissioners of Our Treasury or to Our High Treasurer 
" for the Time being, and Duplicates thereof by the next Conveyance ; in which 
" Accounts shall be specified every particular Sum raised or disposed of, to the end that 
" We may take such Measures as We may deem necessary for the Examination of the 
" said Accounts, and that We may be satisfied of the right and due Application of the 
" Revenues of Our said Province of Upper Canada, and with the Probability of the 
" Increase or Diminution of it under every Head and Article thereof. 

" Eighteenth. And whereas by an Act of Parliament of Great Britain passed in 
" the Fourth Year of the Reign of Our dearest Father His late Majesty King George 
"the Third, intituled 'An Act to prevent Paper Bills of Credit hereafter to be issued in 
" any of His Majesty's Colonies and Plantations in America from being declared a legal 
" Tender in Payment of Money, and to prevent the legal Tender of such Bills as are 
" now subsisting from being prolonged beyond the Periods limited for calling in and 
" sinking the same,' it is enacted that no Paper Bills or Bills of Credit should be created 
" or issued by an Act, Order, Resolution, or Vote of Assembly in any of Our Colonies 
" or Plantations in America to be a legal Tender in Payment, and that any such Act, 
" Order, Resolution, or Vote for creating or issuing such Paper Bills or Bills of Credit, 
" or for prolonging the legal Tender of any such then subsisting and current in any of 
" the said Colonies and Plantations, should be null and void : And whereas by another 
" Act of Our said Parliament passed in the Thirteenth Year of the Reign of Our dearest 
"Father His late Majesty King George the Third, intituled 'An Act to explain and 
" amend the above recited Act passed in the Fourth Year of Our Reign as aforesaid, it 
" is enacted, that any Certificates, Notes, Bills, or Debentures which shall or may be 
" voluntarily accepted by the Creditors of the Public within any of the Colonies in 
" America as Security for the Payment of what is due and owing to the said public 
" Creditors may be made and enacted by the General Assemblies of the said Colonies 
" respectively to be a Tender to the public Treasurers in the said Colonies for the Dis- 
" charge of any Duties, Charges, or Debts whatsoever due to and payable at or in the 
" said public Treasuries of the said Colonies in virtue of Laws passed within the same, 
" and in no other Case whatsoever ; it is Our Will and Pleasure that you do in all things 
"conform yourself to the Provisions of the said recited Acts, both with respect to the 
" not assenting to any Bills which may be presented to you for the Purpose of issuing 
" or creating Paper Bills or Bills of Credit to be a legal Tender in Payment, and the 
" assenting to any Bills by which such Certificates, Notes, or Debentures which may be 
" voluntarily accepted in Payment by the public Creditor shall be made a legal Tender 
" to the Treasury for Taxes, Duties, and other Payments to the public Treasury. 

" Nineteenth. You shall not remit any Fines or Forfeitures whatsoever above the 
"Sum of 10/., nor dispose of any Forfeiture whatsoever, until, upon signifying unto the 



104 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

" Commissioners of Our Treasury or Our High Treasurer for the Time being the Nature 
"of the Offence, and the Occasion of such Fines and Forfeitures, with the particular 
" Sums or Yalue thereof (which you are to do with all Speed,) you shall have received 
" Our Directions thereon, but you may in the meantime suspend the Payment of the 
'■'■ said Fines and Forfeitures. 

"Twentieth. And you are, on every Occasion, to transmit to Us, through one of 
" Our Principal Secretaries of State, with all convenient Speed, a particular Account of 
" all new Establishments of Jurisdictions, Courts, Offices and Officers, Powers, Authori- 
" ties, Fees, and Privileges granted and settled within Our said Province of Upper 
"Canada, as likewise an Account of all the Expenses (if any) attending the Establish- 
"ment of the said Courts and Offices. 

" Twenty-first. It is Our further Will and Pleasure that all Commissions to be 
"granted by you to any Person or Persons to he Judge, Justice of the Peace, or other 
" necessary Officei*, be granted during Pleasure only. 

" Twenty-second. You are not to suspend any of the Members of the said Execu- 
" tive Council, or to suspend or displace any of the Judges, Justices, Sherifis, or other 
" Officers or Ministers within Our said Province of Upper Canada, without good and 
"sufficient Cause; and in case of such Suspension or Removal, you are forthwith to 
" transmit your Reasons for the same to one of Our Principal Secretaries of State. 

"Twenty-third. And whereas frequent Complaints have been made of great De- 
" lays and undue Proceedings in the Courts of Justice in several of Our Plantations, 
"whereby many of Our good Subjects have very much suffered ; and it being of the 
" greatest Importance to Our Service and to the Welfare of Our Plantations that Just- 
" tice be everywhere speedily and duly administered, and that all Disorders, Delays and 
" other undue Practices in the Administration thereof be effectually prevented. We do 
" particularly require you to take especial Care that in all Courts where you are author- 
" ized to preside Justice be impartially administered, and that in all other Courts estab- 
" lished within Our said Province all Judges and other Persons therein concerned do 
" likewise perform the several Duties without Delay or Partiality. 

" Twenty -fourth. You are to take care that no Court of Judicature be adjourned 
" but upon good Grounds, as also that no Orders of any Court of Judicature be entered 
" or allowed which shall not be first read and approved of by the Justices in open Court ; 
" which Rule you are in like Manner to see observed with relation to all Proceedings of 
" Our Executive Council of Upper Canada, and that all Orders there made be first read 
" and approved in such Council before they are entered upon the Council Books. 

"Twenty-fifth. You are to take care that all Writs within the said Province of 
" Upper Canada be issued in Our Name. 

"Twenty-sixth. You shall take care, with the Advice and Assistance of Our 
" Executive Council, that such Prisons as may at any Time be necessary be erected, 
" and that the same, or any other already erected, be kept in such a Condition as may 
" effectually secure the Prisoners which now are or may hereafter be confined in them. 

" Twenty-seventh. You shall not suffer any Person to execute more Offices than 
" One by Deputy. 

" Twenty-eighth. You shall not, by Colour of any Power or Authority hereby or 
" otherwise granted or mentioned to be granted unto you, take upon you to give, grant, 
" or dispose of any Place or Office within Our said Province which now is or shall be 
"granted under the Great Seal of this Kingdom, or to which any Person is or shall be 
" appointed by Warrant under Our Signet and Sign Manual, any further than that you 
" may upon the Vacancy of any such Office or Place, or upon the Suspension of any 
" such Officer by you as aforesaid, put in any fit Person to officiate in the Interval till 
"you shall have represented the Matter unto Us, through one of Our Principal Secre- 
" taries of State, which you are to do by the first Opportunity, and till the said Office 
" or Place is disposed of by Us, Our Heirs or Successors, under the Great Seal of this 
" Kingdom, or until some Person shall be appointed thereunto under Our Signet and 
" Sign Manual, or until Our further Directions be given therein : and it is Our express 
" Will and Pleasure that you do give reasonable Support unto the Patent Officers in 



IXSTBUCTIONS TO GOVERNORS 105 

SES'BIONAL PAPER No. 18 

the Enjoyment of their legal and established Fees, Rights, Privileges, and Emolu- 
ments, according to the true Intent and Meaning of their respective Patents. 

" Twenty-ninth. And whereas several Complaints have been made by the Officers 
of Our Customs in Our Plantations in America that they have frequently been obliged 
to serve on Juries, and personally to appear in Arms whenever the Militia is drawn 
out, and thereby are much hindered in Execution of their Employments ; Our Will 
and Pleasure is, that you take effectual Care, and give the necessary Directions that 
the several Officers of Our Customs be excused and exempted from serving in any 
Juries, or personally appearing in Arms in the Militia, unless in Cases of absolute 
Necessity, or serving any particular Offices which may hinder them in the Execution 
of their Duties. 

" Thirtieth. And whereas nothing can more effectually tend to the speedy settling 
of Our said Province of Upper Canada, the Security of the Property of Our Subjects, 
and the Advancement of Our Revenue, than the Disposal of such Lands as are Our 
Property upon good and reasonable Terms, and the establishing of a regular and 
proper Method of proceeding with respect to the passing of Grants of such Lands ; it 
is our Will and Pleasure that all and every Person or Persons who shall apply for any 
Grant or Grants of Land shall, previous to their obtaining the same, make it appear 
that they are in a Condition to cultivate and improve the same ; and in case you shall 
upon a Consideration of the Circumstances of the Person or Persons applying for such 
Grants, think it advisable to pass the same, you are in such a Case to cause a W"ar- 
rant to be drawn up, directed to the Surveyor General or other Officer, empowering 
him or them to make a faithful and exact Survey of the Lands so petitioned for, and 
to return the said Warrant within Six Months at farthest from the Date thereof; with 
a Plot or Description of the Land so surveyed thereunto annexed, and wiien the War- 
rant shall be returned by the said Surveyor or other proper Officer the Grant shall be 
made out in due Form, and the Terms and Conditions required by these Our Instruc- 
tions be particularly and expressly mentioned therein ; and it is Our Will and Plea- 
sure that the said Grants shall be registered within Six Months from the date thereof 
in the Registrars Office, and a Docket thereof be also entered in Our Auditors Office, 
Copies of all which Entries shall be regularly returned by the proper Officers to our 
Commissioners of Our Treasury. 

"Thirty-first. And for the further Encouragement of Our Subjects it is Our Will 
and Pleasure that the Lands to be granted by you as aforesaid shall be laid out in 
Townships, and that each inland Township shall, as nearly as Circumstances will ad- 
mit, consist of Ten Miles square, and such as shall be situated upon a navigable River 
or Water shall have a Front of Nine Miles, and be Twelve Miles in Depth, and sub- 
divided in such Manner as shall be found most advisable for the Accommodation of 
the Settlers, and for making the several Reservations for public L^ses, and particularly 
for the Support of the Protestant Clergy, agreeably to the first-recited Act passed in 
the Thirty-first Year of the Reign of Our dearest Father His late Majesty King 
George the Third. 

"Thirty-second. And whereas great Inconveniences have heretofore arisen in 
many of Our Colonies in America from the granting excessive Quantities of Land to 
particular Persons who have never cultivated or settled the same, and have thereby 
prevented others more industrious from improving such Lands; in order therefore to 
prevent the like Inconveniences in future, it is Our Will and Pleasure that you ob- 
serve the following Directions and Regulations in all Grants to be made by you as 
aforesaid ; that is to say, That no Town Lot shall be granted to any one Person, being 
Master or Mistress of a Family, in any Township so to be laid out, which shall con- 
tain more than One Acre : That no Park Lot shall be granted to any One Person, 
being Master or Mistress of a Family, in any Township so to be laid out, which shall 
contain more than Twenty-four Acres : That no Farm Lot shall be granted to any 
One Person, being Master or Mistress of a Family, in any Township so to be laid out 
which shall contain more than 200 Acres. It is Our Will and Pleasure, and you are 
hereby allowed and permitted, to grant unto every such Person or Persons such 
further Quantity of Land as they may desire, not exceeding 1,000 Acres, over and 



106 CANA DIA N A RGHI VES 

5-6 EDWARD VII., A. 1906 

" above wnat may heretofore have been granted to them ; and in all Grants of Land 
"to be made by you as aforesaid you are to take care that due Regard be had to the 
" Quality and comparative Value of the diiferent Parts of Land comprised within any 
" Township, so that each Grantee may have, as nearly as may be, a proportionate 
" Quantity of Lands of such different Quality and comparative Value, as likewise that 
"the Breadth of such Tract of Land to be hereafter granted be One Third of the Length 
" of such Tract, do not extend along the Bank of any River, but into the main Land, 
"that thereby the said Grantees may have each a convenient Share of what Accommo- 
" dation the River may afford for Navigation or otherwise. 

" Thirty-third. And as a further Accommodation to Our .Subjects who shall have 
" become Settlers as aforesaid, it is Our Will and Pleasure that the said Townships and 
" the respective Allotments within the same, together with the Lands to be reserved as 
"aforesaid, shall be seen and laid out by Our Surveyor General of Lands for the said 
" Province, or some skilful Person authorized by him for that Purpose, which Surveys, 
" together with the Warrants and Grants and the respective Allotments, shall be made 
" out for and delivered to the several Grantees free of any Expense or Fee whatever, 
" other than such as may be payable to the different Officers according to the Table of 
" Fees established upon Grants of Land made in the said Province. 

" Thirty-fourth. And in order to prevent any Persons disaffected to Us and Our 
" Government from becoming Settlers in Our said Province of Upper Canada, it is Our 
" Will and Pleasure that no Warrants for surveying Lands be granted by you or the 
" Lieutenant Governor, or Person administering the Government for the Time being, 
" unless the Person or Persons applying for the same do, at the Time of making such 
" Application, besides taking the usual Oaths directed by law, also make and subscribe 
" the following Declaration in your or his Presence, or in the Presence of such Person or 
" Persons as shall by you or him be appointed for that Purpose ; that is to say, — I 
" A.B. do promise and declare, that I will maintain and defend, to the utmost of my 
" Power, the Authority of the King in his Parliament as the Supreme Legislature of 
" this Province. 

"Thirty-fifth. Whereas the reserving such Bodies of Land within Our Province 
" of Upper Canada, where there are considerable Growths of Timber fit for the Use of 
" Our Royal Navy, it is a Matter of the utmost Importance to Our Service ; it is Our 
" Will and Pleasure that no Grants whatever be made of Lands in any District or Tract 
" of Our said Province of Upper Canada until Our Surveyor General or his Deputy law- 
" fully appointed shall have surveyed the same and marked out as Reservations to Us, 
" Our Heirs and Successors, such Parts thereof as shall be found to contain any con- 
" siderable Growth of Masting or other Timber fit for the Use of Our Royal Navy, and 
"more especially upon the River ; and you are hereby instructed to direct Our Surveyor 
" General of Lands in Our said Province, from Time to Time, with all due Diligence, to 
" complete the Surveys, and mark out the Reservations as aforesaid in the most con- 
" venient Parts of Our said Province ; and you are from Time to Time to report the 
" Number, Extent, and Situation of such Reservations ; and you are further to direct 
" Our Surveyor General not to certify any Plots of Ground ordered and surveyed for 
" any Person or Persons in order that Grants may be made out for the same, until it shall 
"appear to him, by a Certificate under the Hand of Our Surveyor General of Woods, or 
" his Deputy, that the Land so to be granted is not Part of or included in any District 
" marked out as a Reservation for Us, Our Heirs and Successsors as aforesaid, for the 
" Purpose herein-before mentioned : And in order to prevent any Deceit or Fraud from 
" being committed by the Persons applying for Lands in this respect, it is Our Will and 
" Pleasure that in all Grants to be hereafter made for Lands within Our said Province 
" of Upper Canada the following Proviso and Exceptions be inserted ; that is to say, 
" (And provided also, that no Part of the Parcel or Tract of Land hereby granted to the 
" said and his Heirs be within any Reservation heretofore made and marked for 

" Us, Our Heirs and Successors, by Our Surveyor General of Woods, or his lawful 
" Deputy, in which Case this Our Grant for such Part of the Land hereby given and 
" granted to the said and his Heirs for ever as aforesaid, and which shall, 

"upon a Suivey thereof being made, be found within any such Reservations, shall be 



INSTBUCTIOXa TO GOVERNORS 107 

SES'SIONAL PAPER No. 18 

' null and void and of none Effect, any thing herein contained to the contrary notwith- 
' standing.' 

" Thirty-sixth. And whereas it is necessary that all Persons who may be desirous 
' of settling in Our said Province should be fully informed of the Conditions and Terms 
' upon which Lands will be granted within Our said Province of Upper Canada, in the 
' Manner prescribed in and by the said Act passed in the Thirty-first Year of the Reign 
' of Our dearest Father His late ^lajesty King George the Third ; you are therefore, as 
' soon as possible, to cause a Publication to be made, by Proclamation or otherwise, as 
' you shall in your Discretion think most advisable, of the said Terms and Conditions 
' respecting the granting of Lands ; in which Proclamation it may be expedient to add 
' some short Description of the natural Advantages of the Soil and Climate, and its 
' peculiar Convenience for Trade and Navigation. 

"Thirty-seventh. And it is Our further Will and Pleasure that all the forsgoing 
' Instructions to you, as well as any which you may hereafter receive, relative to the 
'passing Grants of Lands, in conformity to the said Act passed in the Thirty-first Year 
' of the Reign of Our dearest Father His late Majesty King George the Third, be en- 
' tered upon Record, for the Information and Satisfaction of all Parties whatever that 
'may be concerned therein. 

" Thirtv-eighth. And whereas it hath been represented to Us that many Parts of 
' the Province under your Government are particularly adapted to the Growth and 
' Culture of Hemp and Flax ; it is therefore Our Will and Pleasure that in all Surveys 
' for Settlements the Surveyor be directed to report whether there are any or what 
' Quantity of Lands contained within such Surveys for the Production of Hemp and 
' FJax. 

" Thirty-ninth. And whereas in hath been represented to Us that several Parts of 
' Our Province of Upper Canada have been found to abound with Coals ; it is Our Will 
' and Pleasure that in all Grants of Lands to be made by you a Clause be inserted, re- 
' serving to Us, Our Heirs and Successors, all Coals, and also all Mines of Gold, Silver, 
' Copper, Tin, Iron, and Lead, which shall be discovered upon such Lands. 

" Fortieth. You shall cause a Survey to be make of all considerable Landing Places 
'and Harbours in Our said Province, in case the same shall not have already been done, 
' and report to Us, through one of Our Principal Secretaries of State, liow far any 
' Fortifications be necessary for the Security and Advantage of the said Province. 

" Forty -first. Whereas the Establishment of proper Regulations on Matters of 
' Ecclesiastical Concern is an Object of very great Importance ; it will be your in- 
' dispensable Duty to take care that no Arrangements in regard thereto be made, but 
' such as may give full Satisfaction to Our new Subjects in every Point to which they 
' have a Right to any Indulgence on that Head, always remembering that it is a 
' Toleration of the free Exercise of the Religion of the Church of Rome only to which 
' they are entitled, but not to the Powers and Privileges of it as an Established Church, 
' that being a Preference which belongs only to the Protestant Church of England. 

" Forty-second. And upon these Principles therefore, and to the end that Our just 
' Supremacy in all Matters Ecclesiastical as well as Civil may have its due Scope and 
' Influence, it is Our Will and Pleasure, — First, that all Appeals to a Correspondence 
' with any Foreign Ecclesiastical Jurisdiction, of what Nature or Kind soever, be 
' absolutely forbidden under very severe Penalties : Secondly, that no Episcopal or 
' Vicarial Powders be exercised within Our said Province by any Person professing the 
' Religion of the Church of Rome, but such only as are indispensably and indisputably 
' necessary to the free Exercise of the Romish Religion, and in those Cases not without 
' a Licence and Permission from you, under the Seal of Our said Province, for and 
'during Our Will and Pleasure, and under such other Limitations and Restrictions 
' as may correspond with the Spirit and Provisions of the Act of the Fourteenth Year 
' of the Reign of Our dearest Father His late Majesty King George the Third, 'for making 
' more effectual Provision for the Government of the Province of Quebec :' and no Per- 
' son whatever is to have Holy Orders conferred upon him, or have the Care of Souls, 
' without a License for that Purpose first had and oVjtained from you : Thirdly, that no 
' Person professing the Religion of the Church of Rome be allowed to fill any Jicclesias- 



108 CAXADIAX ARCHIVES 

5-6 EDWARD VII., A. 1906 

*' tical Benefice, or to have or to enjoy any of the Rights or Profits belonging thereto, 
*' who is not a Canadian by Birth (such only excepted as are now in possession of any 
" such Benefices), and who is not appointed thereto by Us or under Our Authority, and 
" that all Right or Claim of Right in any other Person whatever to nominate, present, 
^'or appoint to any vacant Benefice, other than such as may by Claim to the Patronage 
" of Benefices as a Civil Right, be absolutely abolished ; no Person to hold more than 
" One Benefice, or at least not more than can reasonably be served by one and the same 
^'Incumbent : Fourthly, that no Person whatever professing the Religion of the Church 
" of Rome be appointed Incumbent of any Parish in which the majority of the Inhabi- 
*' tants shall solicit the Appointment of a Protestant Minister ; in such Case the In- 
•" cumbent shall be a Protestant, and entitled to all Tithes payable within such Parish, 
"but nevertheless the Roman Catholics may have the Use of the Church for the free 
^' Exercise of their Religion, at such Time as may not interfere with the Religious 
*' Worship of the Protestants ; and in like Manner the Protestant Inhabitants in every 
^' Parish, where the Majority of the Parishoners are Roman Catholics, shall notwith- 
" standing have the free Use of the Church for the free Exercise of their Religion, at 
*' such Times as may not interfere with the Religious Worship of the Roman Catholics : 
" Fifthly, that no Incumbent professing the Religion of the Church of Rome appointed 
" to any Parish shall be entitled to receive any Tithes for Lands or Possessions occupied 
^' by a Protestant, but such Tithes shall be received by such Persons as you shall appoint, 
" and shall be reserved in the Hands of Our Receiver General as aforesaid for the Support 
" of a Protestant Clergy in Our said Province, to be actually resident within the same, and 
^' not otherwise, according to such Directions as you shall receive from Us in that Behalf; 
" and in like Manner all growing Rents and Profits of a vacant Benefice shall, during such 
*' Vacancy, be reserved for and applied to the like Uses : Sixthly, that all Persons pro- 
" fessing the Religion of the Church of Rome, who are already possessed of or may here- 
" after be appointed to any Ecclesiastical Benefice, or who may be licensed to exercise 
*'any Power or Authority in respect thereto, do take and subscribe before you in Coun- 
" cil, or before such Person as you shall appoint to administer the same, the Oath 
*' required to be taken and subscribed by the aforesaid Act of Parliament passed in the 
"Fourteenth Year of the Reign of Our dearest Father His late Majesty King George 
" the Third, intituled ' An Act for making more effectual Provision for the Government 
"of the Province of Quebec in North America': Seventhly, that all Incumbents of 
*' Parishes, professing the Romish Religion, not being under the Ecclesiastical Jurisdic- 
"tion of the Bishop of Quebec, shall hold their respective Benefices during their good 
"Behaviour, subject, however, in case of any Conviction for criminal Offences, or upon 
" due Proofs of seditious Attempts to disturb the Peace and Tranquility of Our Gov- 
" ernment, to be deprived or suspended by you : Eighthly, that such Ecclesiastics as may 
" think fit to enter into the holy State of Matrimony shall be released from all Penalties 
" to which they may have been subjected in such Cases by any Authority of the See of 
" Rome : Ninthly, that Freedom of the Burial of the Dead in the Churches and Church- 
" yards be allowed indisci'iminately to every Christian Persuasion : Tenthl}', that the 
" Royal Family be prayed for in all Churches and Places of Public Worship, in such 
" Manner and Form as is used in this Kingdom ; and that Our Arms and Insignia be 
" put up, not only in all such Churches and Places of holy Worship, but also in all 
" Courts of Justice, and that the Arms of France be taken down in any such Church 
" or Court where they may at present remain. 

" Forty-third. You are to permit Liberty of Conscience, and the free exercise o 
" all such Modes of Religious Worship as are not prohibited by Law, to all Person 
" who may inhabit and frequent the Province of Upper Canada, provided they be con- 
" tent with a quiet and peaceable Enjoyment of the same, without giving Offence or 
" Scandal to the Government. 

" Forty-fourth. It is Our Will and Pleasure to reserve to you the granting of 
" Licenses for Marriages, Letters of Administration, and Probates of Wills, as hereto- 
" fore exercised by you and your Predecessors ; and also to reserve to you, and to all 
"others to whom it may lawfully belong, the Patronage and Right of Presentation to 



INSTRUCTIONS TO GOVERNORS 109 

SESSIONAL PAPER No. 18 

" Benefices ; but it is Our Will and Pleasure that the Person so presented shall be in- 
" stituted by the Bishop or his Commissary duly authorized by him. 

" Forty-fifth. You are to take especial Care that God Almighty be devoutly and 
" duly served throughout your Government, that the Lord's Day be duly kept, and the 
" Services and Prayers appointed by and according to the Book of Common Praver be 
" publicly and solemnly performed throughout the Year. 

" Forty-sixth. You are to take care that the Churches which are or may be here- 
" after erected in Our said Province of Upper Canada be well and orderly kept. 

" Forty-seventh. You shall recommend to the Legislative Council and General 
" Assembly of the Province of L'pper Canada to settle the Limits of Parishes in such 
" ^Manner as shall be deemed most convenient. 

"Forty-eighth. You are to use your best Endeavour that each Minister be consti- 
" tuted one of the Vestry in his respective Parish, and that no Vestry be held without 
" him, except in case of Sickness, or that, after Notice given of a Vestry, he omit to 
" come. 

"Forty-ninth. It is Our "Will and Pleasure that you recommend to the Legislative 
" Council and Assembly of Our said Province of Upper Canada to make due Provi- 
" sion for the erecting and maintaining of Schools where Youth may be educated in 
" competent Learning, and in Knowledge of the Principles of the Christian Religion. 

"Fiftieth. And it is Our further Will and Pleasure that no Person shall be 
" allowed to keep a School in the Province of Upper Canada without your License first 
" had and obtained, in granting of which you are to pay the most particular Attention 
" to the Morals and Qualifications of the Persons applying for the same : and in all 
" Cases where the School has been instituted or appointed for the Education of Mem- 
" bers of the Church of England, or where it is intended that the Schoolmaster should 
" be a Member of the Church of England, you are not to grant such Licenses except to 
" Persons who shall first have obtained from the Bishop of Quebec, or one of his Com- 
" missaries, a Certificate of their being properly qualified for that Purpose. 

" Fifty-first. And it is Our further Will and Pleasure that, in order to suppress 
" every Species of Vice, Profaneness and Immorality, you do forthwith cause all Laws 
" made against Blasphemy, Profaneness, Adultery, Fornication, Polygamy, Incest, Pro- 
" fanation of the Lord's Day, Swearing, and Drunkenness to be sti'ictly put in execution 
" in every Part of the Province of Upper Canada, and that, for this Purpose you do 
" direct that the Constables and Churchwardens of the several Parishes do make Pre- 
" sentment upon Oath of any of the Vices before mentioned to the Justices of the Peace 
" in their Session, or to any other of the temporal Courts ; and you are earnestly to 
" recommend to the Legislative Council and Assembly to provide efiectual Laws for the 
" Restraint and Punishment of all such of the afore-mentioned Vices against which 
" no Laws are as yet provided, or in Cases where the Laws already made are found to 
" to be insufficient ; and in order to discountenance Vice and promote the Practice of 
" Virtue to the utmost of your Power, We do hereby strictly command and enjoin you 
" to appoint no Person to be a Justice of the Peace, or to any Trust or Employment, 
" whose notorious ill Life or Conversation may occasion Scandal. 

"Fifty-second. You are not to present any Protestant Minister to any Ecclesias- 
" tical Benefice within Our said Province by virtue of the said Act passed in the Thirty- 
" first Year of the Reign of His late Majesty King George the Third, and of Our Com- 
" mission to you, without a proper Certificate from the Bishop of Quebec, or his Com- 
" missary, of his beings conformable to the Doctrine and Discipline of the Church of 
" England. 

" Fifty-third. And you are to take especial Care that the Table of Mar- 
"riages established by the Canons of the Church of England be hung up in 
" all Places of Public Worship according to the Rites of the Church of England. 

" Fifty-fourth. It is Our Will and Intention that the petty [peltry] Trade of the inte- 
" rior Country shall be free and open to all Our Subjects, Inhabitants of any of Our Colo- 
" nies, who shall, pursuant to what was directed by the Royal Proclamation of 1763, obtain 
" Trading Licenses from the Governor of any of Our said Colonies, under Penalties to 
" observe such Regulations as shall be made by Our Legislature of Our Province of 



no CANADIAN ARCHIVES 

|, 5-6 EDWARD VII., A. 1906 

" Upper Canada for that Purpose ; these Regulations therefore, when established, must 
" be made public throughout all Our American Possessions, and they must, have for 
" their Object the giving every possible Facility to that Trade which the Nature will 
" admit and which may be consistent with fair and just Dealing towards the native 
" Indians with whom it is carried on. The fixed stated Times and Places for carrying 
" on the Trade and adjusting Modes for settling Tariffs, the Price of Goods and Furs, 
" and, above all, the restraining the Sale of Spirituous Liquors to the Indians will be 
" the most profitable and effectual Means of answering the Ends proposed. 

" Fifty-fifth. And whereas it is expedient for Our Service that We should from 
" Time to Time be informed of the State of the Trade and Fisheries, as well as of the 
" Population, of the said Province of Upper Canada, it is Our Will and Pleasure that 
" You do transmit to Us, through one of Our principal Secretaries of State, and to Our 
" Committee of Our Privy Council for Trade and Foreign Plantations for Information, 
" yearly and evei'y Year, a full and particular Account of the State of the Fur and 
" Peltry Trade, the Nature and Extent of t.he several Fisheries carried on by Our Sub- 
" jects or others either on the Lakes or Rivers of the said Province, the State of the 
" Cultivation, particulai'ly specifying the Quantity of Grain, Hemp, and Flax produced, 
" and of any other important Branch of Trade which may, in your Opinion, be under- 
" taken and advantageously carried on by Our Subjects, the Number of Inhabitants, 
" distinguishing them under different Heads of Men, Women, and Children, inserting 
" in such Accounts the Number of Persons born, christened, and buried, and any extra- 
" ordinary Influx or Emigration from Our said Province ; specifying at the same Time 
" the Number of Slaves and the Number of Our Subjects capable of bearing Arras in 
" the Militia, the Number and Tonnage of Shipping and Craft employed upon the Lakes 
" and Rivers in or contiguous to the Province of Upper Canada, together with any 
" Information on these or any other Points of the like Nature which may be proper to 
" be communicated to Us. 

" Fifty-sixth. And whereas you will receive from Our Commissioners for executing 
" the Office of High Admiral of Our United Kingdom of Great Britain and Ireland and 
" of the Plantations a Commission constituting you Vice Admiral of Our said Province 
" of Upper Canada ; you are required and directed carefuly to put in execution the 
" several Powers thei-eby granted to you. 

" Fifty seventh. \Vhereas it is absolutely necessary that We be exactly informed 
" of the State of Defence of all Our Plantations in America, as well in relation to the 
" Stores of War that are in each Plantation as to the Forts and Fortifications there, and 
" what more may be necessary to be built for the Defence and Security of the same ; 
" you are from Time to Time to transmit an Account thereof, with relation to Our said 
" Province of Upper Canada, in the most particular Manner, and you are therein to 
" express the' present State of the Arms, Ammunition, and other Stores of War belong- 
" ing to the said Province, either in any public Magazine or in the Hands of private 
" Persons, together with a State of all Places either already fortified or that you may 
"judge necessary to be fortified for the Security of Our said Province ; and you are to 
" transmit the said Accounts to Us through one of Our Principal Secretaries of State, and 
" also Duplicates to Our Master General or principal Officers of Our Ordnance ; which 
*' Accounts are to express the Particulars of Ordnance, Carriages, Balls, Powder, and 
" all other Sorts of Arms and Ammunition in Our Public Stores, and so from Time to 
" Time of what shall be sent to you or bought with the Public Money, and to specify 
" the Time of the Disposal, and the Occasion thereof, and other like Accounts half-yearly 
" in the same Manner. 

" Fifty-eighth. And in case of Distress of any other of Our Plantations, you shail, 
" upon Application of the respective Governors thereof to you, assist them with what 
"Aid the Condition and Safety of Our said Province under your Government can 
" spare. 

" Fifty-ninth. If any thing shall happen which may be of Advantage or Security 
" to Our Province under your Government which is not herein or by your Commission 
" provided for, We do hereby allow unto you, with the Advice and Consent of Our said 
" Executive Council, to take Order for the present therein, provided nevertheless, that 



IXSTBCICTIOXS TO GOVERNORS 111 

SESSIONAL PAPER No. 18 

'' what shall be done be not repugnant to Our Commissions and Instructions, and to the 
" said Acts passed in the Fourteenth and Thirty-iSrst Years of the Reign of Our dearest 
" Father His late Majesty King George the Third, giving unto Us, through one of Our 
" Principal Secretaries of State, speedy Notice thereof, that you may receive Our Ratifi- 
" cation, if We shall approve the same : Provided always, that you do not, by Colour of 
" any Power or Authority hereby given you commence or declare War without Our 
" Knowledge and particular Commands therein, except it be for the Purpose of prevent- 
" ing or repelling Hostilities or unavoidable Emergencies, when the Consent of Our said 
*' Executive Council shall be had, and speedy Notice given thereof to Us through one of 
" Our Principal Secretaries of State. 

" Sixtieth. And whereas great Prejudice may happen to Our Service, and to the 
" Security of Our said Province, by your Absence, or the Absence of Our Lieutenant 
" Governor for the Time being ; you shall not, upon any Pretence whatever, come to 
" Europe without having first obtained Leave for so doing from Us, under Our Signet 
" and Sign Manual or by Our Order in Our Privy Council. 

" Sixty-first. And Whereas We have thought fit by Our Commission to direct that 
" in case of your Death or Absence from Our said Province, and in case there be at that 
" Time no Person commissioned or appointed by Us to be our Lieutenant Govei-nor or 
•'appointed by Us to administer the Government within the Province in the event of 
" the Death or Absence of you and of Our Lieutenant Governor of the said Province, 
" the senior Member of the Executive Council who shall be at the Time of your 
" Death or Absence residing within Our said Province of Upper Canada (sub- 
'• ject to such other Nomination and Appointment by you under the Great Seal 
" of Our said Province as in Our said Commission is in that Behalf mentioned) 
" shall take upon him the Administration of the Government, and execute Our said 
" Commission and Instructions, and the several Powers and Authorities therein con- 
" tained, in the Manner thereby directed ; it is nevertheless Our express Will and 
"Pleasure that in such Case the Person so administering the Government shall forbear to 
" assent to any Acts but what are immediately necessary for the Welfare of Our said 
" Province, without Our particular Orders for that Purpose ; and that he shall not take 
" upon him to dissolve the Assembly then in being, nor to remove or suspend any of the 
" Members of Our said Executive Council, nor any Judges, Justices of the Peace, or 
" other Officers, Civil or Military, without the Advice and Consent of the Majority of 
" the said Executive Council ; and he is, by the first Opportunity, to transmit to Us, 
" through one of Our Principal Secretaries of State, the Reasons of such Alterations, 
" signed by him and the Council ; and Our Will and Pleasure is, that the above Instruc- 
" tions with respect to such senior Councillor shall also be equally observed by and 
" binding upon such other Executive Councillor as may be nominated and appointed by 
" you under the Great Seal of Our said Province by virtue of Our said Commission in 
" that Behalf. 

" Sixty-second. And whereas by Our different Commissions We have appointed 
" you to be Our Governor and Commander in Chief of Our Provinces of Upper Canada 
" and Lower Canada, Our Province of Nova Scotia, Our Island of Prince Edward, 
" as well as of Our Province of New Brunswick ; and it is our Intention that the 
" Lieutenant Governors commanding in Our said Provinces of Upper Canada, New 
" Brunswick, and Nova Scotia, and the Island of Prince Edward, should have and enjoy 
" the full Salaries, Perquisites, and Emoluments granted to them and arising from their 
" respective Governments, in as full and ample a Manner as if the said Governments 
" were under distinct Governors in Chief ; it is therefore Our Will and Pleasure that 
" you shall not, at any Time or Times when you shall be resident and commanding in 
" chief in either of Our said Provinces of Upper Canada, Nova Scotia, or New Brunswick, 
"or the Island of Pi'ince Edward, have or receive any Part of the said Salaries, 
" Perquisites, or Emoluments, but that the same shall continue to be paid and satisfied 
" to the Lieutenant Governors of Our said Provinces and Island respectively, in the like 
" Manner as they usually are during your Absence therefrom. 

" Sixty-third. And you are upon all Occasions to send to Us, through one of Our 
" Principal Seci'etaries of State, a particular Account of all your Proceedings, and of the 
"Condition of Afiairs within your Government." 



112 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

And whereas His late Majesty King William the Fourth did, by certain Letters 
Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, 
bearing Date at Westminster the 24th Day of November 1830, in the First Year of 
His Reign, constitute and appoint Matthew Lord Aylmer to be Captain General and 
Governor in Chief in and over the said Provinces of Upper and Lower Canada, and did 
thereby command him the said Matthew Lord A.ylmer to execute his said Commission 
ani the Trust thereby reposed in him, so far as the same related to the Province of 
L'pper Canada, according to the said general Instructions, hereinbefore at length recited, 
addressed to the said George Earl of Dalhousie. 

And whereas certain Parts of the said general Instructions to the said George Earl 
of Dalhousie (herein-before at length recited) were subsequently revoked and amended 
by certain additional Instructions addressed by His said late Majesty under the Royal 
Sign Manual and Signet to the said Matthew Lord Aylmer, in the following Words ; 
that is to say, 

" Additional Instructions to Our right trusty and well-beloved Matthew Lord 
" Aylmer, Knight Commander of the Most Honourable Military Order of the 
" Bath, Lieutenant General of Our Forces, Our Captain General and Governor 
" in Chief in and over Our Province of Upper Canada, or in his Absence to 
" Our Lieutenant Governor or Commander in Chief of Our said Province for 
" the Time being. Given at Our Court at St. James's this 8th Day of Feb- 
" ruary 1835, in the Fifth Year of Our Reign. 
" Whereas by Our Commission under Our Great Seal of Our United Kingdom of 
" Great Britain and Ireland, bearing Date at Westminster the 24th Day of November 
'■ 1830, constituting and appointing you to be Our Captain General and Governor in 
" Chief in and over Our Province of Upper Canada, and in and over Our Province of Lower 
" Canada, in North America, we did amongst other things giv^e and grant, that if upon 
" your Death or Absence out of Our said Provinces of Upper Canada and Lower Canada, 
" or either of them, there be no Person upon the Place commissioned or appointed by 
"Us to be Our Lieutenant Governor, or specially appointed by Us to administer the 
" Government within Our said Provinces, Our Will and Pleasure is that the senior 
" Military Officer in command of Our Forces within Our said Province of Upper Canada, 
"or in Our said Province of Lower Canada, shall take upon him the Administration of 
" the Government thereof, and that he, or such other Military Officer as may from Time 
" to Time succeed to the Command of Our Forces, shall execute in Our said Provinces 
" respectively Our said Commission, and the Instructions in Our said Commission 
"mentioned, and the several Powers and Authorities therein contained, in the same 
" Manner, and to all Intents and Purposes, as other Our Captain General and Governor 
" in Chief should or ought to do in case of your Absence or until your Return, or, in all 
" Cases, until Our further Pleasure should be known therein : And whereas We did by 
" the said Commission require and command you to do and execute all Things in due 
" Manner that should belong to your said Command and the Trust We have reposed in 
"you, according to the several Powers, Provisions, and Dii'ections granted or appointed 
"you by virtue of our said Commission and of the Act of Parliament therein particularly 
" mentioned, and of such Instructions as had been given to the Earl of Dalhousie, late 
" Captain General and Governor in Chief of Our said Provinces, or which might from Time 
" to Time be given you in manner therein mentioned : And whereas by the said Instruc- 
" tions to the said Earl of Dalhousie Provision is made respecting the Succession to and 
" temporary Administration of the Governments of Our said Province of Upper Canada 
" and of Our said Province of Lower Canada, in certain Contingencies mentioned in 
" such Instructions : A.nd whereas the said Instructions, so far as they relate to such 
" Succession and temporary Administration, are inconsistent and at variance with our 
" said Commission : Now, We do hereby revoke and annul so much and such Parts of 
" the said Instructions so given as aforesaid to the said Earl of Dalhousie as provide 
" for, regulate, or in any Manner relate to the Succession to, or the temporary Ad- . 
" ministration of the Government of Our said Provinces, or either of them, it being Our 
" Will and Pleasure that the Provision made in manner aforesaid in and by Our said 
" Commission respecting the Succession to and temporary Administration of the said 
" Governments respectively be in all Things strictly observed and followed." 



INSTBUCTIOXS TO GOVEBXOBS 113 

SESSIONAL PAPER No. 18 

And whereas His said late Majesty King William the Fourth did, by certain other 
Letters Patent under the Great Seal of the United Kingdom of Great Britain and 
Ireland, bearing Date at "Westminster the 2d Day of April 1835, in the Fifth Year of 
Our Reign, revoke and determine the said last-recited Letters Patent appointing the 
said Matthew Lord Aylmer Captain General and Governor in Chief in and over the said 
Provinces of L'pper and Lower Canada, and constitute and appoint William Pitt Earl 
Amherst to be Captain General and Governor in Chief in and over the said Provinces : 
And whereas by certain Instructions under the Royal Sign Manual and Signet which 
accompanied the said last-reciied Letters Patent the said William Pitt Earl Amherst 
was commanded to execute his said Commission, and the Trust thereby reposed in him 
so far as related to the Province of L'pper Canada, according to the said general 
Instructions, herein-before recited, addressed to the said George Earl of Dalhousie, s 
the same stand amended by the said additional Instructions (herein-before also recited) 
addressed to the said Matthew Lord Aylmer. 

And whereas His said late Majesty King William the Fourth did, by certain other 
Letters Patent under the Great Seal of the L^nited Kingdom of Great Britain and 
Ireland, bearing Date at Westminster the 1st Day of July 1835, in the Fifth Year of 
His Reign, revoke and determine the said last-recited Letters Patent appointing the 
said William Pitt Earl Amherst Captain General and Governor in Chief in and over 
Our said Provinces of Upper and Lower Canada, and did constitute and appoint Archi- 
bald Earl of Gosford to be Captain General and Governor in Chief in and over Our said 
Provinces : And whereas by certain Instructions under the Royal Sign Manual and 
Signet which accompanied the said last-recited Letters Patent, the said Archibald Earl 
of Gosford was commanded to execute the said Commission and the Trust thereby 
reposed in him, according to the said general Instructions, herein-before recited, ad- 
dressed to the said George Earl of Dalhousie, as the same stand amended by the said 
additional Instructions, herein-before also recited, addressed, to the said Matthew Lord 
Aylmer. 

And whereas We, did by certain other Letters Patent under the Great Seal of Our 
United Kingdom of Great Britain and Ireland, bearing Date at Westminster the 30th 
Day of March 1838, in the First Year of Our Reign, revoke and determine the said last- 
recited Letters Patent appointing the said Archibald Earl of Gosford Captain General 
and Governor in Chief in and over Our said Provdnces of Upper and Lower Canada, and 
did constitute and appoint John George Earl of Durham to be Our Captain General and 
Governor in Chief in and over Our said Province of l^pper Canada : And whereas by 
certain Instructions under Our Royal Sign Manual and Signet which accompanied the 
said last-recited Letters Patent, after reciting that the general Instructions, herein-before 
recited, addressed to the said George Earl of Dalhousie, as the same stand amended by 
the said additional Instructions addressed to the said Matthew Lord Aylmer, had 
become in many respects obsolete and inapplicable to the then Condition of Our said 
Province of Upper Canada, or had been superseded by Statutes made and enacted by 
L"'s or by Our Royal Predecessors, either with the Advice and Consent of Parliament, 
or with the Advice and Consent of the Legislative Council and Assembly of Our said Pro- 
vince, and that therefore it was expedient that the said general Instructions should be 
revised, but that in the then Condition of our said Province the final Revision thereof 
could not be completed without Prejudice to Our Service, the said John George Earl of 
Durham was commanded to execute his said Commission, and the Trust thereby reposed 
in him, according to the said general Instructions addressed to the said George, Earl of 
Dalhousie, as the same stand amended by the said additional Instructions addressed to 
the said Matthew Lord Aylmer, so far as the said general Instructions had not become 
obsolete or had not been superseded by any Statute made or enacted by L's or by Our 
Royal P. edecessors, either with the Advice and Consent of Parliament, or with the 
Advice and Consent, of the Legislative Council and Assembly of Our said Province, or 
so far as the same might not be found inapplicable to the then State of Affairs in Our 
said Province. 

18- 8* 



114 CANADIAX ARCHIVES 

5 6 EDvVARD VII., A, 1906 

Aad whereas we did, by certain other Letters Patent under the Great Seal of Our 
United Kingdom of Great Britain and Ireland, bearing Date at Westminster the 12th 
Day of December 1838, in the Second Year of Our Reign, revoke and determine the 
said last-recited Letters Patent appointing the said John George Eirl of Durham Our 
Captain General and Governor in Chief in and over Our said Province of Upper 
Canada, and did constitute and appoint Sir John Colborne, Knight, to be Our Captain 
General and Govei'nor in Chief in and over our said Provtnce : And whereas by certain 
Instructions under Our Royal Sign Manual and Signet which accompanied Our said 
last-recited Letters Patent, the said John Colborne was commanded to execute his 
said Commission, and the Trust thereby reposed in him, according to the said general 
Instructions hereinbefore recited, addressed to the said George Earl of Dalhousie, as 
the same stand amended by the said additional Instructions, herein-before also recited, 
addressed to the said Matthew Lord Aylmer, so far as the same had not become 
obsolete or had not been superseded by any Statutes made or enacted by Us or by Our 
Royal Predecessors, either wdth the Advice and Consent of Parliament, or with the 
Advice and Consent of the Legislative Council and Assembly of the said Province, 
and so far as the same might not be found to be inapplicable to the then State of 
Affairs in Our said Province : And whereas We have, by certain other Letters Patent 
under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing 
Date at Westminster this 7th Day of September 1839, in the Third Year of Our Reign, 
revoked and determined the said last-recited Letters Patent appointing the said Sir 
John Colborne Our Captain General and Governor in Chief in and over Our said 
Province of Upper Canada, and have constituted and appointed you the said Charles 
Poulett Thomson to be Our Captain General and Governor in Chief in and over Our 
said Province : And whereas it is expedient that the said general Instructions addressed 
to the said George Earl of Dalhousie, as the same stand amended by the said additional 
Instructions addressed to the said Matthew Lord Aylmer, should be further revised 
and amended ; but in the present Condition of Our said Province such Revision and 
Amendment could not be made without Prejudice to Our Service: We do therefore by 
these Our Instructions under Our Royal Sign Manual and Signet, accompanying Our 
said recited Letters Patent appointing you Our Captain General and Governor in Chief 
in and over Our said Province of Upper Canada, command you, that for the present, 
and until Our further Pleasure herein shall be signified, you do execute your said Com- 
mission, and the Trust thereby reposed in you, according to the said general Instructions 
(herein-before recited) addressed to the said George Earl of Dalhousie, as the same stand 
amended by the said additional Instructions (herein-before also recited) addressed to 
the said Matthew Lord Aylmer, so far as the same have not become obsolete or have not 
been superseded by any Statutes made and enacted by Us or by Our Royal Predeces 
sors, either with the Advice and Consent of Parliament, or with the Advice and Con- 
sent of the Legislative Council and Assembly of Our said Province, or so far as the 
same may not be found to be inapplicable to the present State of Affairs of Our said 
Province. 

V. R. 



IXSTBi'CTIOyS TO GOVLRXORS 115 

SESSIONAL. PAPER No. 18 

TRANSCRIPTS OF COLONIAL OFFICE RECORDS 

UIsriTED PROYIXOES 

INSTRIICTIOXS TO GOVERNORS 

1840-1867 

From Colonial Office, London 

The Rt. Hon'ble. ] 

Lord Sydenham, [ VICTORIA R. 

Instructions f 

Canada. J 

o ^ -f. Instructions to Our Right Trusty and Right Wellbeloved Councillor 

^ ^ 5 Charles Baron Sydenham, Our Captain General and Governor 

in Chief in and over Our Province of Canada in America, or, in 
his absence, to Our Lieutenant Governor or the Officer admin- 
istering the Government of Our said Province for the time 
^ ^ g- being. Given at Our Court at Windsor the Thirtieth day 

of August 1840, in the Fourth year of Our Reign. 



1 ^ '"c 






First. Whereas by Our Commission under the Great Seal of Our L^nited Kingdom 
of Great Britain and Ireland, bearing date the 29th day of August 1840 in this fourth 
year of Our Reign, We did constitute and appoint you the said Charles Baron Syden- 
ham to be during Our pleasure, Our Captain General and Governor in Chief in and over 
Our Province of Canada, comprising Upper Canada and Lower Canada; And Whereas We 
did thereby authorize, empower, require and command you the said Charles Baron 
Sydenham in due manner to do and execute all things that should belong to your said 
Command, and the trust we have reposed in you according to the several powers, 
provisions, and directions, granted or appointed you by virtue of Our said Commission, 
and of a certain Act of Parliament nude and passed in the fourth year of Our Reign 
entituled " An Act to reunite the Provinces of Upper and Lower Canada, and for the 
" Government of Canada," and according to such Instructions as were therewith given 
to you, or which might from time to time be thereafter given to you in respect of the 
said Province of Canada, under Our Signet and Sign j'ianual, or by Our Order in Our 
Privy Council, or by Us, through One of Our Principal Secretaries of State, and accord- 
ing to such Laws as were or should be in force within the Province of Upper and Lower 
Canada or in Our Province of Canada. 

And Whereas it is by the said recited Act, amongst other things enacted that all 
Powers and authorities expressed therein, to be given to the Governor of the Province 
of Canada, shall be exercised by such Governor in conformity with and Subject to such 
Orders, Instructions and directions as We shall from time to time see fit to make or 
issue. Now, therefore. We do hereby, in pui'suance of the said Act of Parliament, and of 
all other powers in L's, in that behalf vested, make and issue these Our Instructions for 
the guidance of you the said Charles Baron Sydenham, in the exercise of the powers and 
authorities vested in you bv the said Act of Parliament, and by the said Commission. 
18— 8i* 



116 CAXADIAX ARCHIVES 

5-6 EDV/ARD Vil., A. 1906 

Second. You are to take upon you the Administration of the Government of the said 
Province, and to do and execute all things belonging to your Command, according to 
the several powers and authorities of Our said Commission under Our Great Seal of Our 
United Kingdom of Great Britain and Ireland and of the acs passed in the thirty-First 
Year of the Reign of His late Majesty King Geo ge The Third, and in the third and fourth 
year of Our Reign therein recite 1 and of these Our Instructions to you, and according to 
such further Powers and Instructions as you shall at any time hereafter receive under 
our Signet and Sign Manual, or by Oar Order in Our Privy Council, or through one 
of Our Principal Secretaries of State. 

Third. And Whereas We did bythe said Commission declare Our Pleasure to be that 
there should be an Executive Council for the Affairs of Our said Province of Canada, 
Now AVe do hereby command you that you do forthwith transmit to Us the names 
of such Persons as may in 3'our opinion be most fit and proper to Vje appointed Members 
of Our said Executive Council. And in order that no inconvenience may arise to the 
Public Ser\ice, We do hereby authorize you from time to time to appoint such and so 
many Persons as may appear Lo you requisite, to be Members of that Board subject to 
the Signification of Oar Pleasure thereupon, and to administer to ea.h of the Persons so 
appointed such of the Oaths mentioned or referred to in Our said recited Commission, 
as shall be applicable to the case of the Individual to whom the same shall be admin- 
istered, and We do further authorize you, should it in your opinion be nece-sary for the 
public Service, to remove or suspend any of the M, mbers of Our said Executive Council 
whether appointed provisionally by you or in conformity with a Warrant under Our 
Sign Manual : — but in that case you will immediately report to Us through One of 
Our Principal Secretaries of State, the causes of such removal or suspension as the case 
may be. 

Fourth. And to the end that Our said Executive Council may be assisting to you in all 
affairs relating to Our Service, you are to communicate to them such and so many of 
these Our Instructions wherein their advice is mentioned to be requisite, and likewise 
all such others from time to time as you shall find convenient for Our Service to be 
imparted to them. 

Fifth. You are to permit the Members of our Said Executive Council, to have and 
enjoy freedom of Debate and Vote in all Affairs of Public Concern which may be 
debated in the said Executive Council. 

Sixth. And We do hereby declare and it is Our Pleasure that Our said Council shall 
not proceed to the despatch of business unless duly summoned by your Authority ; nox* 
unless one third of the Members of the said Council be present and assisting at any 
meetings at which any such business shall be despatched And it is Our further Pleasure 
that no question shall be brought Vjefore Our Said Executive Council for their advice or 
decision excepting only such questions as may be proposed by you for that purpose. 
Provided nevertheless and it is Our Will and Pleasure that if any Members shall deem 
it expedient that any question should undergo the deliberation of the said Executive 
Council, and shall by application in writing to you request and propose that such 
question should be so discussed, it shall be competent to any such member to enter on 
the minutes of the said Council such his written application to you, together with the 
answer which may be returned by you, to the same. And We do further direct that 
if in any case you see sufficient cause to dissent from the opinion of the major part or 
of the whole of Our said Executive Council upon any question brought by you under 
their consideration, it shall be competent to you upon any such occasion to execute the 
powers and Authorities vested in you by Our said Commission and by these Our Instruc- 
tions in opposition to such their opinions, it being nevertheless Our Pleasure that in 
every case it shall be competent to any Members of our Said Council to record at length 
on the Minutes of Our Said Council the grounds and reasons of any advice or opinion he 
may give upon any question brought under the consideration of such Council. 

Seventh. And it is Our Pleasui e, and you ai e hereVjy authorized by an Instrument un- 
der the Great Seal of the Province to appoint one Member of Our Said Executive Council to 
preside in your absence, and to remove him and appoint another in his stead, — and 
if Juring your Absence the Member so appointed shall also be absent, then the Senior 



ixsrRrcTio.v.'< lo goverxors ii7 

SESSIONAL PAPER No. 18 

Member of the Council actually present shall preside, — the Senority of the MernV)ers 
of the said Council being regulated according to the order of their respective appoiat- 
ments. 

Eighth. And We do further direct and command that a full and exact Journal or ^Nlin- 
ute be kept of all che deliberations, Acts, Proceedings, Votes and Resolutions, of our said 
Executive Council, and that at each Meeting of che said Council the Minutes of the last 
preceding Meeting shall be read over, confirmed or amended as the ease may require 
before proceeding to the despatch of any other business. 

Ninth. And \\'e do further direct that twice in each year a full transcript of all the 
Minutes of the Executive Council of the preceding half year be transmitted to Us 
through One of Our Principal Secretaries of State. 

Tenth. And for the Execution of so much of the powers vested in you by Our said 
Commission, and by virtue of the said Act passed in the Third and Fourth years of Our 
Reign as aforesaid, as relates to the deolaringthat you assent in OurName to Bills passed by 
the Legislative Council aud House of Assembly, or that you withhold Our Assent there- 
from, or that you reserve such Bills for signification of Our Royal Pleasure thereon, it is 
Our Will and Pleasure that you do carefully observe the following Rules, Directions, and 
Instructions namely ; That each different matter be provided for by a different Law, without 
including in one and the same act such things as have no proper relation to each other. 
That no clause be inserted in any Act or Ordinance which shall be foreign to what the 
title of it imports, — and that no perpetual clause be part of any temporary law. — That 
no Law or Ordinance whatsoever be suspended, altered, continued, revised or repealed in 
general words, but that the Title and Date of such Law or Ordinance shall be particularly 
mentioned in the enacting part. 

Eleventh. And you are expressly enjoined not to propose or assent to any Act what- 
ever whereby any person maybe impeded or hindered from celebrating or attending the 
Worship of Almighty God in a peaceable and orderly manner, although such Worship 
may not be conducted according to the Rites and Ceremonies of the Church of England. 
Twelfth. And We do further enjoin you not to propose any act whereby Our Preroga- 
tive might be diminished or in any respect infringed, without Our Special permission 
previously obtained — and if any Bill having such an effect shall be presented to you for 
y")ur assent, you shall declare that you reserve it for the signification of Our 
Pleasure. 

Thirteenth. And we do further direct that you do not propose or assent to any Act 
whatever whereby Bills of Credit, or other Negotiable Securities of Whatever nature 
may be issued in lieu of money on the Credit of the Said Province, or whereby any Govern- 
ment Paper Currency may be established therein, or whereby any such Bills or any other 
Paper Currency or any Coin, save only the Legal Coin of the Realm, may be made or 
declared to be a legal tender, unless a clause be inserted therein suspending its opera- 
tion until Our Pleasure be Known, or unless special permission from Us in that behalf 
have been first obtained. 

Fourteenth. And it is Our further Pleasure that you do not propose or assent to any 
Act whatever for raising Money by the Institution of any Public or Private Lotteries. 

Fifteenth. And it is Our further W'ill and Pleasure that you do not propose or assent 
to any act whatever for the Divorce of persons joined together in Holy Matrimony. 

Sixteenth. And We do further direct that you do not propose or assent to any Act 
whatever whereby any Grant of Money or Land or other Donation or Gratuity may be 
made by the said Legislative Council and Assembly to you. 

Seventeenth. And ^^'e do further direct that you do not propose or assent to any 
private act whereby the Property of any Individual may be affected, in which there is not 
a saving of the Rights of Us, Our Heirs and Successors, and of all Bodies Politic and Cor- 
porate, and of all other persons — excepting those at whose instance, or for whose especial 
benefit such Act may be passed, and those claming, by, from, through and under them. 
Eighteenth. And it is Our Will and Pleasure that you do not propose or assent to any 
act whatever to which our assent has once Ijeen refused, without express leave for that 
purpose first obtained from Us. 



118 . CANADIAN ARCHIVES 

5-6 ECWARD VII., A, 1905 

Nineteeath. You are to take care that in all acts to be passed by you and the said 
Legislative Council and Assembly of Our said Province in any Case for levying Mo..ey or 
imposing Fines, Forfeitures and Penalties, express mention be made that the same are 
granted to Us Our Heirs and Successors for the PuV>lic Uses of Our said Province, and 
for the support of the Government thereof as by the said Act shall be directed. 

Twentieth. You are to reserve for the Signification of Our Pleasure thereon every Bill 
which you shall consider to be of an extraordinary or unusual nature, or requiring Our 
especial consideration and decision thereupon, particularly such as may affect the property, 
credit or dealings of such of Our Subjects as are not usually resident within Our said 
Province, and whereby duties shall be laid upon Shipping of the United Kingdom of 
Great Britain and Ireland, or upon the produce or Manufacture of Great Britain and 
Ireland. 

Twenty-first. And Whereas laws have formerly been enacted in several of our Plan- 
tations in America for so short a time, that Our Royal Assent or Refusal thereof could 
not be had before the time for which such Laws were enacted, did expire ; you shall not 
assent in Our Name to any I^aw that shall be enacted for a less time than one year, except 
in cases of imminent necessity or immediate temporary expediency. 

Twenty -second. You shall take care that all Laws assented to by you in Our Name 
or reserved for the Signification of Our Royal Pleasure thereon, shall, when transmitted 
by you, be fairly abstracted in the Margins, and accompanied with oVjservations upon 
each of them, that is to say, whether the same is introductory to a new Law, declaratory 
of a former Law, or does repeal a Law then before in being : and you are also to transmit 
the reasons and occasions for proposing such Laws, together with fair copies of the Jour- 
nals and Minutes of the Proceedings of the said Legislative Council and Assembly, which 
you are to require from the Clerks or other proper Officers in that behalf, of the said 
Legislative Council and Assembly. 

Twenty-third. And Whereas We have by Our said Commission given and granted 
unto you full power and authority when you shall see cause or shall judge any Offender or 
Offenders in Criminal Matters, or for any Fines or Forfeitures due Unto L's, fit objects of 
Our Mercy, to pardon all such offenders and to remit all such Offences, Fines and Forfeit- 
ures. Now Wedo hereby require and enjoinyou to call upon the Judge presiding at the trial 
of any offenders to make to 3'ou a written Report of the cases of all persons who may from 
time to time be condemned to suffer death by the Sentence of any Court within Our said 
Province, and such Reports of the said Judge shall by you be taken into consideration 
at the first meeting thereafter which may be conveniently held of Our said Executive 
Council, at which Meeting the said Judge shall be specially summoned to attend : and 
you shall not pardon any such offender unless it shall appear to you expedient so to do 
upon receiving the advice of Our said Executive Council therein ; — but in all such cases^ 
you are to decide whether to extend or withhold a Pardon according to your own 
deliVjerate judgment whether the Members of Our said Executive Council concur therein 
or otherwise, entering nevertheless on the Minutes of said Council, a Minute of your 
reasons at length, in case you should decide any such question in opposition to the 
Judgment of the Majority of the Members thereof. 

Twenty-fourth. It is Our further Will and Pleasure that all Commissions to be 
granted by you ♦o any person or persons to be Judge, Justice of the Peace, or other 
necessary Officer, be granted during Our Pleasure only, except in cases where provision 
is made to the contrary by any express Law in force within our said Province or any 
part thereof. 

Twenty-fifth. And Whereas nothing can more effectually tend to the' speedy settling 
of Our said Province of Canada, the Security of the Property of Our Subjects, and the ad- 
vancement of Our revenue than the disposal of such lands as are Our Property upon good 
and reasonable terms, and the establishment of a regular and proper method of proceed- 
ing with respect to the passing of grants of such lands ; It is Our Will and Pleasure that 
you do strictly conform to the provisions of any Law for the regulation of such matters 
which is or shall be in force in the said Province of Canada or any part thereof, or if 
there shall be no such Law then to such Instructions in this respect as you may from 



IXSTRUCTIOXS TO GOVERNORS 119 

SESSIONAL PAPER No. 18 

time to time receive from Us under Our Signet and Sign Manual, or through One of Our 
Principal Secretaries (>i State. 

Twenty sixth. And it is Our further Will and Pleasure, that there shall be at 
the Seat of Government, and at any other Stations within Our said Province of 
Canada where it may be desirable for general convenience. Land Officers for the 
transaction of all business connected with the Settlement of the Public Lands. 

Twenty-seventh. And it is Our Will and Pleasure that at the principal Office at the 
Seat of Government, Charts shall be kept for Public Inspection, exhibiting all Lands open 
for sale within Our said Province of Canada, and Registers of all such Lands as may here- 
after from time to time be appropriated : and it is Our Pleasure that such Charts and Reg- 
isters shall be kept in such form and manner as to convey as far as possible to all persons 
applying for the same full and authentic information of all appropriations of Land, 
and all survej'ed Lands not appropriated. 

Twenty-eighth. And We do further direct that similar Charts and Registers be kept at 
the subordinate Land Offices which may be created at other Stations besides the Seat of 
Government ; provided, however, that in each such case the Charts and Registers are only 
to include Lands belonging to the District or Division of which the particular Station 
may have been chosen as the Central Place for purposes connected with Land. 

Twenty ninth. And it is Our Pleasure that arrangements may be made so far as shall 
be practicable, for enabling Our Subjects to purchase Lands either by application at the 
principal Office at the Seat of Government, or else at the Office of the District or division 
within which such Lands may be situate. Provided always that the necessary Regula- 
tions be established for preventing the disposal in this manner of the same land to any 
two or more Parties at the same time. 

Thirtieth. And We do further direct that the Grants of all Lands to be purchased as 
aforesaid shall after the payment of the price thereof be issued to the Purchaser under 
the Great Seal of our said Province with all practical speed. 

Thirty-first. And it is Our Will and Pleasure that all Regulations concerning the 
acquisition of Land be published and generally diflFused throughout the Province in a 
convenient form. 

* Thirty -second. And it is Our Pleasure that nothing herein contained shall be 
construed to affect the privileges which have been granted or which shall from time to time 
be granted with Our Authority to Military and Naval Settlers, nor to prevent such free 
Grants as may be authorized by Us, through One of Our Principal Secretaries of 
State, to meet the Exigencies of Settlers in indigent circumstances. 

Thirty-third. And We do further declare Our Pleasure to be that anything hereinbe- 
fore contained to the contrary notwithstanding, no Lands shall be sold in any part of the 
said Province which it shall be deemed proper to reserve for Public Roads, and other in- 
ternal communications, whether by Land or Water, or as the Sites of Towns, Villages, 
Churches, Schoolhouses, or Parsonage Houses, or as places for the interment of the dead, 
or as places for the future extension of any existing Towns or Villages, or as places fit to 
be set apart for the recreation and amusement of the Inhabitants of any Town or Village 
or for promoting the health of such Inhabitants, or for the promotion of Fisheries, or as 
the Sites of Quays or Landing Places which it may at any future time be expedient to 
erect, form or establish on the sea coast or in the neighbourhood of streams or which it 
may be desirable to reserve for any other purposes of Public Convenience, L^tility, 
Health or Enjoyment, and all tracts or parcels of land so reserved are to be specially 
distinguished in the Charts before mentioned. 

Thirty-fourth. It is Our Will and Pleasure to reserve to you the granting of Licenses 
for Marriages, Letters of Administration, and Probates of Wills as heretofore exercised by 
you and your Predecessors, and also to reserve to you, and to all others to whom it may 
lawfully belong the patronage and right of presentation to benefices ; but it is Our Will 
and Pleasure that the person so presented shall be instituted by the Bishop, or his Com- 
missary duly authorized by him. 

Thirty-fifth. And whereas you will receive through one of our Principal Secretaries 

* In the Instructions to Cathcart of 15 March, 1846, this article (32) omitted. 



120 CA XA DIA X A RCHI VES 

5-6 EDWARD VII., A. 1936 

of State, a Book of Tables in Blank commonly called the " Blue Book" to be annually filled 
up with certain Returns relative to the Revenue and Expenditure, Militia, Public Works, 
Legislature, Civil Establishments, Pensions, Population, Schools, Course of Exchange, 
Imports and Exports, Agricultural Produce, Manufactures, and other Matters in the 
said " Blue Book," more particularly specified with reference to the state and condition 
of Our said Province of Canada. Now We do hereby signify Our Pleasure that all such 
returns be accurately prepared and punctually transmitted to Us, through one of our 
Principal Secretaries of State, and that no Officer within our said Province within whose 
Department it may be to contribute any Return or Returns for the purposes aforesaid, 
or to prepare the same when so contributed, shall be entitled to receive, or shall receive, 
from you any Warrant for the payment of his Official Salary which may become due 
and payable to him so long as such duty as aforesaid shall be in arrear, or remain 
unperformed. 

Thirty-sixth. If anything shall happen which may be of advantage or Security to Our 
Province under your Government which is not herein or by your Commission provided for, 
"We do hereby allow unto you with the advice and consent of Our said Executive Council, 
to take order for the present therein, provided nevertheless that what shall be done be not 
repugnant to Our Commisssions and Instructions and to the said Acts passed in the Foui'- 
teenth and Twenty-first years of the Reign of His late Majesty King George the Third, 
anl in the Third and fourth years of Our Reign; giving unto Us through One of Our 
Principal Secretaries of State speedy notice thereof, that you may receive our rati- 
fication if We approve the same. 

Thirty-seventh. And you are upon all occasions to send to Us through One of 
Our Principal Secretaries of State a particular account of all your proceedings, and of 
the condition of Affairs within your Government. 

v., R. 
VICTORIA. 



o 

S Instructions to Our Right Trusty and Wellbeloved Councillor 

T Sir Charles Bagot Knight Grand Cross of the Most Hon- 

^ Durable Order of the Bath Our Captain General and Govr. 

2 in Chief in it over Our Province of Canada, or in his 

I absence to Our Lieutenant Govr. or the Officer administer- 

'^ ing the Govt, of Our sd. Province for the time being. Given 

i at Our Court at Windsor this 7th day of October 1841 in 

^ the 5th year of Our Reign. 

d 

The Right Honble. 

Sir Chas. Bagot, G. C. B. 
Instructions 
Canada. 
(In Secretary of State's dispatch of 8 October 1841 — No. 1.) 

(These Instructions are identical with those sent to Lord Sydenham dated 30 
August, 1840 — see page 115). 

VICTORIA. 

The Right Honorable 

Sir Charles Theophilus Metcalfe 
Baronet, K.C.G.B. 
Instructions 
Canada. 






c 



c 



IX^TBUCTIONy TO GOVEBXOBS 121 

SESSIONAL PAPER No. 18 

die? 

^ ^'^ Instructions to Our Right Trusty and Wellbeloved Councillor 

o -r ^' Sir Charles Theophilus Metcalfe Baronet, Knight Grand 

^ -^^ "^ Cross of the Most Honorable (>rder of the Bath, Our Cap- 

'" ^ ^ tain General and Governor in Chief in and over Our 

rt X _ Province of Canada, or in his Absence to Our Lieutenant 

ce ^ ^5 Governor or the Officer Administering the Government 

of Our said Province for the time being. Given at Our 
Court at Buckingham Palace this 2-l:th day of February 
184-3 in the Sixth Year of Our Reign. 

(These Instructions are identical with those sent to Lord Sydenham dated 30 Aug- 
ust ls40. See page 115.) 

VICTORIA R. 
The Right Honorable 

Sir C. T. Metcalfe Bart. 
Addl. Instructions 
Canada. 

d "^ X 
o ^ — 
X g - 
'Y ^ t Additional Instructions to Our Right Trusty and Wellbeloved 

5 -5 'c Councillor Sir Charles Theophilus Metcalfe Baronet, Knight 

^ „=^ S Grand Cross of the Most Honorable Order of the Bath Our 

iS^ ^ Captain General and Governor in Chief in and over Our 

'P ^ ^ Province of Canada or in his absence to Our Lt. Governor 

c ^J^ or the Officer Administering the Government of the said 

O g =« Province. Given at Our Court at Windsor the first day 

n -^ • November 1844 in the Eighth Year of Our Reign. 

^"^ c 

:^ 

Whereas by a Petition dated on the 3d of August of this present year the Right 
Reverend Joseph Signay, Bishop of the Roman Catholic Diocese of Quebec in Xorth 
America and his Coadjutor the Right Reverend P. J. Turgeon, Bishop of Sydyme ha^e 
represented unto Us that the Bishop of the said Roman Catholic Diocese of Quebec 
hath no other fixed income beyond the ground rent of £1000 per annum which was 
assigned to the said Bishop by a certain Act of the Provincial Parliament of Lower 
Canada made and passed in the first year of His late Majesty's Reign, intituled " An 
" Act to enable His Majesty to acquire the property of the Episcopal Palace at Quebec 
" and of the ground thereunto attached for the public uses of the Province," and have 
further represented that such income is insufficient not only to enable the said Bishop 
to provide for the proper maintenance of himself, of his Coadjutor and of the Priests 
and other Ecclesiastics whose assistance is necessary to enable him to administer the 
said Diocese, but also to promote those works of charity and public utility to which he 
feels it his duty to lend his aid, and have therefore prayed that We would be pleased to 
direct that Letters Patent may be issued, incorporating him the said Joseph Signay and 
his Successors Bishops of the said Roman Catholic Diocese of Quebec in Canada with 
all the rights and privileges by law belonging to other Incorpoi-ations, and authoi'izing 
him and them to acquire by purchase, legacy, or donation, Land or Property yielding 
an Annual net rent not exceeding Two thousand pounds Sterling. And Whereas We 
have taken the said Petition into Our consideration and are graciously pleased to assent 
thereto. Now We do hereby authorize and require you the said Sir Charles Theophilus 
Metcalfe, to affix or cause to be affixed, the Great Seal of Our Province of Canada 
to Letters Patentto be issued by L's and in Our Name constituting the said Joseph Signay 



122 CAXA DIA N A RCHI VES 

5-6 EDWARD VII., A. 19C6 

and his Successors Bishops of the said Roman Catholic Diocese of Quebec in perpetuity, 
one body Corporate in Deed and in name for the several purposes aforesaid. And We 
do further authorize you by such Letters Patent to grant to them in Our Name and on 
Our behalf power to hold in Mortmain such Land or Property not exceeding the annual 
value aforesaid to be by him and them holdenfor the several purposes aforesaid and with 
and subject to such right of succession as aforesaid. And We do hereby authorize you 
to introduce into the said Letters Patent all such Clauses Conditions and Provisions as 
may be necessary for giving complete effect to such Our Gracious intentions in favor 
of the said Bishop of the Roman Catholic See of Quebec and his Successors : And for so 
doing this shall be your Warrant. 

V. R. 
VICTORIA R. 
Lieut. General 

Earl Cathcart K.C.B. 
Instructions 
Canada. 
^^ . Instructions to Our Right Trusty and Right Wellbeloved Cousin 

'^ 1g ;:^ Charles Murray Earl Cathcart Lieutenant General of Our 

■"J" ^"^ Forces Commander of Our Forces serving in Our Provinces 

5 -c j" of Canada, Nova Scotia, New Brunswick and the Islands 

2 .^ ^ of Prince Edward, Cape Breton, and Newfoundland, Knight 

M -j^ ^ Commander of the Most Honorable Military Order of the 

'is ^ -o Bath, Our Captain General and Governor in Chief, in and 

a =^ ^^ over Our Province of Canada, or in his absence to Our 

O J- o Lieutenant Governor or the Officer administering the 

. g !^ Government of Our said Province for the time being. Given 

^ ^ ^ at Our Court at Buckingham Palace this Sixteenth day 

O^^ ^Zi of March 1846 in the 9th year of Our Reign. 

(These Instructions are identical with those sent to Lord Sydenham dated 30 
August, 1840 with the omission of article 32 see page 115 ) 
The Right Honorable 

The Earl of Elgin 

Instructions 

Canada. 



O t; -O 

I -x> ^ ^ 

I ^'~' 



Instructions to Our Right Trusty and Right Wellbeloved Cousin 
James Earl of Elgin and Kincardine, Our Captain General 
2 .»5 -§ and Governor in Chief in and over Our Province of Canada, 

^; -j^ y or in his absence to Our Lieutenant Governor, or the Officer 

■% J^ administering the Government of the said Province for the 

s "-s ;Z| time being. Given at Our Court at Windsor this first day 

A ^'=« of October 1846 in the Tenth vear of Our Reign. 

o ~^ 

O M 

o 

ii'M '^ 

Whereas by a Commission under the Great Seal of Our United Kingdom of Great 

Britain and Ireland bearing date the 16th day of March 1846, in the 9th year of Our 

Reign, We did constitute and appoint Our Right Trusty and Wellbeloved Cousin Charles 

Murray, Earl Cathcart, to be during Our pleasure, Our Captain General and Governor 

in Chief in and over Our province of Canada, And whereas We did thereby authorize 

empower and Command him the said Earl Cathcart indue manner to do and execute all 

things that should belong to his said Command, and the Trust We thereby reposed in 

him, according to the several powers provisions and directions granted or appointed 

him by virtue of Our said Commission, and of a certain Act of Parliament made and 

passed in the fourth year of Our reign, Entituled " An Act to re-unite the provinces 



INSTRUCTIONS TO GOVEBXOBS 123 

SESSIONAL PAPER No. 18 

' of Upper and Lower Canada and for the Government of Canada," and according to 
such Instructions as should be therewith given to him, or which might from time 
to time be thereafter given to him in respect to the said Province of Canada, 
under Our Signet and Sign Manual, or by Our Order in Our Privy Council 
or by Us through one of Our principal Secretaries of State, and according to 
such Laws as were then or should be in force within the provinces of Upper and 
Lower Canada or in Our province of Canada And whereas in pursuance of Our said 
Commission We did on the 16th day of March 1846 in the yth year of Our Reign 
issue to the said Earl Cathcart Instructions under Our Sign Manual and Signet being 
the Instructions accompanying and referred to in the said recited Commission and 
whereas by a Commission under Our Great Seal aforesaid bearing date the first day of 
October 1846 in the 10th year of Our Reign, We have constituted and appointed you 
the said Earl of Elgin and Kincardine to be during Our Pleasure Our Captain General 
and Governor in Chief, in and over Our province of Canada and have thereby authorized 
required and Commanded you to do and execute all things that shall belong to your said 
Command and the trust We^have thereby reposed in you, according to the several powers, 
provisions and directions granted or appointed you by vii-tue of Our said Commission 
and of a certain Act of Parliament made and passed in the tenth [fourth] year of Our 
reign, Entituled "An Act to re- unite the provinces of L^pper and Lower Canada and 
according to such instruction as should be therewith given to you, or which might from 
time to time be thereafter given to you in respect to the said Province of Canada under 
Our Signet and Sign Manual or by Our order in Our privy Council, or by Us through 
one of Our principal Secretaries of State, and according to such Laws as in the said 
Commission are mentioned or referred to Now We do hereby in pursuance of the said 
last recited Commission bearing date on this first day of October 1846 by these Our 
Instructions require and enjoin that until We shall signify to you Our further pleasure 
therein you do in the execution of Our said Commission conform to Our said recited 
Instructions bearing date the 16th day of March 1846 and so addressed as aforesaid 
to the said Earl Cathcart save only so far as the said Instructions to the said Earl 
Cathcart are in any respect repugnant or opposed to, or inconsistent with Our said 
recited Commission to you, to which extent Our Pleasure is that Our said recited 
Instructions are hereby revoked And We do hereby expressly declare Our Pleasure 
to be that the Oath to be administered to the persons who may from time to time 
be appointed to be Members of Our Executive Council in Our said Province shall be 
the Oath commonly called the Oath of Allegiance save only in cases wherein any other 
Oath or Oaths is or are prescribed by the Statutes in that behalf made or by any 
of these Statutes, in which cases you are to administer or cause to be administered to' 
such persons such other Oath or Oaths as aforesaid. 

V. R. 

VICTORIA R. 

Earl of Elgin ife Kincardine 
Adul. Instructions 
Canada. 

^ Zi -r 

^ g"! Additional Instructions to Our Right Trusty and Right Well- 

o -t: ro beloved Cousin James Earl of Elgin and Kincardine, Our 

^ -^ Hf Captain General and Governor in Chief in and over Our 

-y. "^ -< Province of Canada, or in his absence to Our Lieutenant 

r^ {^ '^ Governor, or the Officer administering the Government 

c "S ^ of the said Province for the time being. Given at Our 

O ;^^ Court at Osborne Hoflse, Isle of Wight, this 24th day of 

^. 8 ^ August 1848 in the Twelfth year of Our Reign. 

r< " 6 



124 CA NA DIA X A RCHI VES 

5-6 EjWARD VII., A. 19C6 

Whereas by a Commission under the Great Seal of Our United Kingdom of Great 
Britain and Ireland, bearing date the 16th da}' of March 1846 in the 9th year of our 
Reign, we did constitute and appoint our Right Trusty and Wellbeloved Cousin Charles 
Murray, Earl Cathcart to be during Our Pleasure Our Captain General and Governor 
in Chief in and over Our Province of Canada, And Whereas we did thereby authorize 
empower and command him the said Earl Cathcart in due manner to do and execute 
all things that should belong to his said Command, and the Trust we thereby reposed 
in him according to the several powers, provisions and directions granted or appointed 
him by virtue of Our said Commission, and of a certain Act of Parliament made and 
passed in the fourth year of Our Reign intituled " An Act to I'e-unite the Provinces 
" of Upper and Lower Canada, and for the Government of Canada," and according to 
such Instructions as should be herewith given to him or which might from time to time 
be thereafter given to him in respect to the said Province of Canada, under Our Signet 
and Sign Manual or by Our Order in Our Privy Council, or by Us through one of Our 
Principal Secretaries of State, and according to such Laws as were then or should be in 
force with the Provinces of Upper and Lower Canada, or in Our Province of Canada. 

And whereas in pursuance of Our said Comra'ssion We did on the 16th day of 
March 1846 in the 9th year of Our reign issue, to the said Earl Cathcart, Instruc- 
tions accompanying and referred in the said recited Commission. 

And whereas by a Commission under Our Great Seal aforesaid bearing date the 
1st day of October 1846 in the tenth year of Our reign We have constituted and 
appointed you, the said Earl of Elgin and Kincardine to be during Our Pleasure Our 
Captain General and Governor in Chief in and over Our Province of Canada, and having 
thereby authorized required and commanded you to do and execute all things that shall 
belong to your said Command and the Trust We have thereby I'eposed in you, according 
to the several powers, provisions and directions granted or appointed you, by virtue of 
Our said Commission and of a certain Act of Parliament made and passed in the 10th 
year of Our reign, intituled "An xlct to re-unite the Provinces of Upper and Lower 
"Canada" and according to such Instructions as should be therewith given to you, or 
which might from time to time be thereafter given to you in respect to the said Province 
of Canada under Our Signet and Sign Manual or by Our Order in Our Privy Council, 
or by Us through one of Our Principal Secretaries of State, and according to such Laws 
as in the said Commission are mentioned or referred to. 

And Whereas We did by certain Instructions under Our Sign Manual and Signet 
in pursuance of the said last recited Commission bearing date on the First day of October 
1846 being the Instructions referred to in and accompanying the said Commission, 
require and enjoin that until We should signify to you our further pleasure therein you 
should in the execution of Our said Commission conform to Our said recited Instructions 
bearing date the 16th day of March 1846 and so addressed as aforesaid to the said 
Earl Cathcart save only so far as the same Instructions to the said Earl Cathcart were 
in any respect repugnant or opposed to, or inconsistent with Our said recited Commis- 
sion to you to which extent We declared Our Pleasure to be that Our said recited 
Instructions were thereby revoked. 

And Whereas in Our said recited Instructions to the said Earl C •> thcart We did 
among other things declare Our Will and Pleasure that all Commissions to be granted 
by you to any person or persons to be Judge Justice of the Peace or other necessary 
Officer be granted during Our Pleasure only except in cases where provision is made to 
the contrary by any Law in force in Our said Province or any part thereof. 

And Whereas it hath appeared to Us to be expedient to make provision to the end 
that you may be enabled the more readily to grant Offices which have been usually 
granted by letters Patent under the Great Seal of Our said Province. 

Now therefore We do by these Our Instructions under Our Sign Manual and 
Signet authorize and empower you from time to time and as often as occasion may 
require to appoint any iit and proper persons by Letters Patent to be for that purpose 
issued under the Great Seal of Our Province of Canada aforesaid to any vacant Offices 
in Our said Province, which ought to be granted by Letters Patent without awaiting 
C)ur Warrants for that purpose under Our Sign Manual and Signet. 



IX^TRUCTIONS TO GOVERNORS 125 

SESSIONAL PAPER No. 18 

Provided Nevertheless that no gtants of Otfices so made by you under Letters 
Patent as aforesaid shall be valid in the Law unless the same shall be in all respects 
conformable to the provisions of an Act passed in the 22nd years of the reign of Our 
Royal Grand Father King George the 3rd Cap. 7-5, entituled "An Act to prevent the 
" granting in future any Patent Office to be exercised in any Colony or Plantation now, 
" or at any time hereafter belonging to the Crown of Great Britain, for any longer term 
" than during such time as the Grantee thereof or person appointed thereto, shall 
" discharge the duty thereof in Person and behave well therein." 

And provided also that all such Grants as aforesaid which f-hall be made without 
Our previous Warrant shall be provisional only and subject to Our Confirmation or 
disallovvance to be signified by Us through one of Our Principal Secretaries of State, 
but shall nevertheless be valid to all intents and purposes until Our Pleasure respecting 
the same shall have been so signified to you. 

And in order that We may be duly informed of the name, style and designation 
of every person to whom you shall in the exercise of the authority so vested in you, grant 
any vacant Offices in Our Province of Canada, in manner aforesaid. We do hereby 
strictl}^ require and enjoin that forthwith after yo\x shall Lave so granted any such 
vacant offices, or by the first opportunity which may offer thereafter, you shall transmit 
to Us through one of Our Principal Secretaries of State exemplifications, or copies of 
the Letters Patent granting such Offi.es. 



V. R. 
VICTORIA. R. 



Sir Edmund Walter Head, Baronet 
Instructions 
Canada. 



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Instructions to Our Trusty and AVellbeloved Sir Edmund Walker 
Head, Baronet Our Captain General and Governor in Chief 
in and over Our Province of Canada, or in his absence to 
Our Lieutenant Governor or the Officer administering the 
Government of Our said Province for the time being. 
Given at Balmoral this Twentieth day of September lSy4-, 
in the eighteenth year of Our reign. 



First. Whereas by Our Commission under the Great Seal of Our United Kingdom 
of Great Britain and Ireland, bearing even date herewith, We have constituted 
and appointed you the said Sir Edmund Walker Head, to be, during Our pleasure, Our 
Captain General and Governor in Chief in and over Our Province of Canada : And 
Whereas We have thereV)y authorized, empowered, required, and commanded you, in due 
manner to do and execute all things that shall belong to your said command, and the 
trust We have reposed in you according to the several powers, provisions, and directions 
granted or appointed you by virtue of Our said Commission, and of a certain Act 
of Parliament made and passed in the fourth year of Our reign intituled, " An Act to 
" re-unite the Provinces of Upper and Lower Canada and for the Government of Canada " 
and according to such instructions as should be therewith given to you, or which might 
from time to time be thereafter given to you in respect of the said Province of Canada, 
under Our Signet and Sign Manual, or by Our order in Our Privy Council, or by Us 
through one of Our Principal Secretaries of State, and according to such Laws as were 
or should be in force within the former Provinces of Upper and Lower Canada, or in 
Our Province of Canada : And whereas, it is by the said recited Act, amongst other 
things enacted, that all powers and authorities expressed therein, to be given to the 
Governor of the Province of Canada, shall be exercised by such Governor, in conformity 
with, and subject to, such orders, instructions, and directions, as We shall from time to 



126 CA XA DIA X A RCHl VES 

5-6 EDWARD VII., A. 1906 

time see fit to make or issue : Now, therefore We do hereby, in pursuance of the said 
Act of Parliament, and of all other powers in Us in that behalf vested, make and issue 
these Our instructions for your guidance, in the exercise of the powers and authorities 
vested in you by the said Act of Parliament, and by Our said Commission. 

By these Our instructions, under Our Sign Manual and Signet, so referred to in 
and accompanying Our said Commission, We do declare Our Will and pleasure to be 
that you the said Sir Edmund Walker Head, as soon as may be after the publication of 
Our said Commission, do take the Oaths appointed to be taken by an Act passed in the 
first year of the reign of King George the First intituled, " An Act for the further 
" security of His Majesty's person and Government, and the succession of the Crown 
" in the heirs of the late Princess Sophia, being Protestants, and for extinguishing the 
"hopes of the pretended Prince of Wales, and his open and secret abettors;" as altered 
and explained by an Act passed in the sixth year of the reign of King George the 
Third intituled "An Act for altering the Oa,th of Abjuration and the Assurance, 
" and for amending so much of an Act of the seventh year of the Reign of Her late 
" Majesty Queen Anne, intituled ' An Act for the improvement of the Union of the 
" two Kingdoms,' as after the time therein limited requires the delivery of certain lists 
" and copies therein mentioned to persons indicted of high treason, or misprision of 
" treason :" or in lieu thereof, the Oath required to be taken by an Act passed in the 
tenth year of the reign of King George the Fourth, intituled " An Act for the relief 
" of His Majesty's Roman Catholic subjects," according as the said former Acts or the 
said last mentioned Act shall be applicable to your case ; and likewise that you take the 
usual Oath for the due execution and performance of the Office and Trust of Our 
Captain General and Governor in Chief of Our said Province of Canada, and for the 
due and impartial administration of justice ; which said Oaths the Chief Justice and 
puisine judges of Our Supreme Courts of Record of Upper and Lower Canada, or any 
three or more of them, have hereby full power and authority, and are required to tender 
and administer unto you. 

Second. And We do hereby give and grant unto you the said Sir Edmund Walker 
Head, full power and authority from time to time, and at any time hereafter, by yourself, 
or by any other person to be authorized by you in that behalf, to administer to all and 
every person or persons as you shall think fit, who shall hold office or place of trust or 
pi'ofitor who shall at any time or times pass into Our said Province of Canada, or who 
shall be resident or abiding therein, the Oath commonly called the Oath of Allegiance, 
save only in cases wherein any other Oath or Oaths is or are prescribed by the Statutes 
in that behalf made or by any of these Statutes, in which cases it is Our pleasure, and 
We do hereby direct, that you, the said Sir Edmund Walker Head, do administer to 
such persons such other Oath or Oaths as aforesaid. 

Third. And Whereas We have, by the said Commission, declared Our pleasure to be 
that there shall be an Executive Council for the affairs of Our said province of Canada, 
and that the said Council shall consist of such persons as you may nominate and appoint 
to be Members thereof: We do authorize you, should it in your opinion^ be necessary 
for the public Service, to remove or suspend any of the Members of Our said Executive 
Council ; but in that case you will immediately report to Us, through one of Our Princi- 
pal Secretaries of State, the causes of such removal or suspension as the case may be. 

Fourth. And to the end that Our said Executive Council may be assisting to you in 
all affairs relating to Our Service, you are to communicate to them such and so many of 
these Our Instructions, wherein their advice is mentioned to be requisite, and likewise 
all such others from time to time as you shall find convenient for our service to be 
imparted to them. 

Fifth. You are to permit the Members of Our said Executive Council to have and 
enjoy freedom of Debate and vote in all affairs of public concern, which may be debated 
in the said Executive Council. 

Sixth. And We do hereby declare, and it is Our pleasure, that Our said Council shall 
not proceed to the despatch of business unless duly summoned by your authority, nor 
unless one third of the Members of the said Council be present and assisting at any 
meetings at which any such business shall be dispatched. And We do further direct, 



IXSTRL'CTIOXS TO GOVEBXORS 327 

SESSIONAL PAPER No. 18 

that if in any case you see sufficient cause to dissent from the opinion of the major part 
or of the whole of said Executive Council, upon any question brought by you under 
their consideration, it shall be competent to you upon any such occasion to execute the 
powers and authorities vested in you by Our said Commission, and by these Our Instruc- 
tions, in opposition to such their opinions ; it being, neverthe'ess. Our pleasure, that in 
every case it shall be competent to any Member of Our said Council to record at length 
on the Minutes of Our said Council, the grounds and reasons of any advice or opinion 
He may give upon any question brought under the consideration of such Council. 

Seventh. And it is Our pleasure and you are hereby authorized to appoint by an In- 
strument under the Great Seal of the Province, one Member of Our said Executive Council 
to preside in your absence, and to remove him and appoint another in his stead, And if 
during your absence the Members so appointed shall also be absent, then the Senior 
Member of the Council actually present shall preside, the seniority of the members of 
the said Council being regulated according to the order of their respective appointments. 

Eighth. And We do further direct and command that a full and exact Journal or 
Minute be kept of all the deliberations, acts, proceedings, votes and resolutions of Our 
said Executive Council ; and that at each Mee'dng of the said Council the Minutes of the 
last preceding Meeting shall be read over, confirmed, or amended, as the case may 
require, before proceeding to the dispatch of any other business. 

Ninth. And for the execution of so much of the powers vested in you by Our said 
Commission, and by virtue of the said Act passed in the Fourth year of Our Reign as 
aforesaid, as relates to the declaring that you assent in Our name to Bills passed by the 
Legislative Council and House of Assembly, or that you withhold Our assent therefrom, 
or that you reserve such Bills for the signification of Our Royal pleasure thereon, it is 
Our will and pleasure that you do carefully observe the following rules directions and 
instructions, viz : that each difi"ei-ent matter be provided for by a different Law, without 
including in one and the same Act such things as have no proper relation to each other ; 
that no clause be inserted in any Act which shall be foreign to what the title of it 
imports, and that no perpetual clause be part of any temporary law. 

Tenth. And you are expressly enjoined not to propose or assent to any Bill whatever 
whereby any person may be impeded or hindered from celebrating or attending the 
worship of Almighty Gcd in a peaceable and orderly manner, although such worship 
may not be conducted according to the rites and ceremonies of the Church of England. 

Eleventh. And We do further enjoin you not to propose or assent to any Bill whereby 
Our prerogative might be diminished or in any respect infringed, without Our special 
permission previously obtained. And if any Bill having such an effect shall be presented 
to you for your assent, you shall declare that you reserve it for the signification of Our 
pleasure. 

Twelve. And We do further direct that you do not propose or assent to any Bill 
whatever whereby Bills of Credit or other Negociable securities of whatever nature, 
may be issued in lieu of money on the credit of the said province, or whereby any Gov- 
ernment Paper currency may be established therein, or whereby any such Bill or any 
■ other paper currency, or any coin save only the legal coin of the Realm may be made 
or declared to be a legal tender, unless special permission from L"s in that behalf have 
been first obtained. 

Thirtenth. And it is Our further pleasure, that you do not propose or assent to any 
Bill whatsoever for raising Money by the institution of any public or private lotteries. 

Fourteenth. And it is Our further will and pleasure that you do not propose or 
assent to any Bill whatever for the divorce of persons joined together in Holy Matrimony. 

Fifteenth. And We do further direct that you do not propose or assent to any Bill 
whatever whereby any grant of money or land, or other donation or gratuity, may be 
made b^^ the said Legislative Council and Assembly to you. 

Sixteenth. And We do further direct that you do not propose or assent to any private 
Bill whereby the property of any individual may be affected, in which there is not a 
saving of the rights of Us, Our heirs and successors, and of all bodies politic and cor- 
porate, and of all other persons excepting those at whosii instance or for whose especial 
benefit such Bill may be passed, and those claiming by, from through, and under them. 



128 CANADIAN ARCHIVES 

5 6 EDWARD Vll., A. 1906 

Seventeenth. And it is Our will and pleasure that you do not propose or assent to 
any Bill whatever to which Our assent has once been refused, without express leave for 
that purpose first obtained from Us. 

Eighteenth. And We do further direct that if any Bill which you are by these Our 
instructions prohibited from proposing or assenting to, shall be presented to you for such 
assent, you shall (unless you think fit to withhold such assent) reserve the same for the 
signification of Our pleasure thereon. 

Nineteenth. You are to take care that in all Acts to be passed by you and the said 
Legislative Council and Assembly of Our said Province in any case for levying money, 
or imposing fines, forfeiture, and penalties, express mention be made that the same are 
granted to Us, Our heirs and successors, for the public uses of Our said Province, and for 
the support of the Government thereof, as by the said Acts shall be directed. 

Twentieth. You are to reserve for the signification of Our pleasure thereon every 
Bill which you shall consider to be of an extraordinary or unusual nature, or requiring 
Our e-pecial consideration and decision thereupon, particularly such as may affect the 
property, credit, or dealings of such of Our subjects as are not usually resident within 
Our said Province, or whereby duties should be laid upon shipping of the United King- 
dom of Great Britain and Ireland or upon the produce or Manufactures of Great Bri'.ain 
or Ireland. 

Twenty-first. You shall take care that all laws assented to by you in Our name, or 
reserved for the signification of Our Royal pleasure thereon, shall when transmitted by you, 
be fairly abstracted in the margins and accompanied with explanatory observations upon 
each of them ; and you are also to transmit the reasons and occasion for proposing each 
law, together with fair copies of the Journals and Minutes of the proceedings of the 
said Legislative Council and Assembly, which you are to require from the Clerks or other 
proper officers in that behalf of the said Legislative Council and Assembly. 

Twenty-second. And whereas We have by Our said Commission given and granted 
unto you full power and authority, when you shall see cause or shall judge any offender 
or offenders in criminal matters, or for any fines or forfeitures due unto Us, fit objects of 
Our mercy, to pardon all such offenders, and to remit all such fines, offences, and for- 
feitures : Now We do hereby require and enjoin you to call upon the judge presiding 
at the trial of any offenders to make to you a wiitten Report of the case of all persons 
who may from time to time be condemned to suffer death 1 y the sentence of any Court 
within Our said Province, and such reports of the said judge shall by you be taken into 
consideration at the first Meeting thereafter which may be conveniently held of Our said 
Executive Council, at which meeting the said judge shall be specially summoned to 
attend ; and you shall not pardon any such offender unless it shall appear to you 
expedient so to do, upon receiving the advice of Our said Executive Council therein, 
but in all such cases you are to decide whether to extend or withhold a pardo", according 
to your own deliberate judgment, whether the members of Our said Executive Council 
concur therein or otherwise, entering, nevertheless, on the Minutes of said Council a 
Minute of your reasons at length, in case you should decide any such qu stion in opposi- 
tion to the judgment of the majority of Members thereof. 

Twenty-third. It is Our further will and pleasure that all commissions to be granted 
by you to any person or persons to be judge, justice of the Peace or other necessary Officer 
be granted during Our pleasure only, except in cases where provision is made to the 
contrary by any express law in force within Our said Province, or any part thereof. 

Twenty-fourth. And whereas nothing can more essentially tend to the speedy settling 
of Our said Province of Canada, the security of the property of Our subjects, and the ad- 
vancement of Our revenue, than the disposal of such lands as are Our property upon good 
and reasonable terms, and the establishment of a regular and proper method of proceeding 
with respect to the passing of the grants of such lands ; It is Our will and pleasure that 
you do strictly conform to the provisions of any law for the regulation of such matters 
which is or shall be in force in the said Province of Canada, or any part thereof, or 
if there shall be no such Law, then to these Our Instructions hereinafter contained or 
to such Instructions in this respect as you may from time to time receive from Us under 
Our Signet and Sign Manual, or through one of Our Principal S cretariesof State. 



INSTRUCTIONS TO GOVERNORS 129 

SESSIONAL PAPER No. 18 

Twenty-tifth. And it is Our further will and pleasure that there shall be at the seat 
of Government, and at any other stations within Our said Province of Canada where it 
may be desirable for general convenience. Land Offices for the transaction of all business, 
connected with the settlement of the public lands. 

Twenty-sixth. And it is Our will and pleasure that at the principal Office at the Seat 
of Government Charts shall be kept for public inspection, exhibiting all Lands open for 
sale within Our said Province of Canada and Registers of all such lands as may hereafter 
from time to time be appropriated. And it is Our pleasure that such Charts and 
Registers shall be kept in such form and manner as to convey as far as possible to all 
persons applying for the same, full and authentic information of all appropriations 
of Land and all surveyed Lands not appropriated. 

Twenty-seventh. And We do further direct that similar Charts and Registers be kept 
at the subordinate land offices, which may be created at other stations besides the seat of 
Government : Provided however that in each such case the Charts and registers are onlv 
to include Lands belonging to the district or division of which the particular station may 
have been chosen as a centre place for purposes connected with Land. 

Twenty-eighth. And it is Our pleasure that arrangements may be made so far as may 
be practicable, for enabling Our subjects to purchase Lands, either by application at the 
principal Office at the Seat of Government, or else at the Office of the district or division 
within which such land may be situate. Provided always that the necessary regulations 
be established for preventing the disposal, in this manner, of the same land to any two 
or more parties at the same time. 

Twenty-ninth. And We do further direct that the grants of all lands to be purchased 
as aforesaid, shall, after the payment of the price thereof, be issued to the purchaser under 
the Great Seal of Our said Province with all practicable speed. 

Thirtieth. And it is Our will and pleasure that all regulations concerning the acqui- 
sition of land be published, and generally diffused throughout the province in a convenient 
form. 

Thirty-first. And We do further declare Our pleasure to be that no lands shall be sold 
in any part of the said Province which it shall be deemed proper to reserve for public Roads 
and other internal communications, whether by land or water ; or as the sites of Towns, 
Villages, Churches, School houses, or parsonage houses ; or as places for the interment 
of the dead ; or as places for the future extension of any existing Towns or Villages ; or 
as places fit to be set apart for the recreation and amusement of the Inhabitants of any 
Towns or Villages, or for promoting the health of such Inhabitant'^ ; or for the pro- 
motion of Fisheries : or as the sites of quays or landing places, which it may at any 
future time be expedient to erect, form or establish on the Sea Coast or in the neigh- 
bourhood of streams or which it may be desirable to reserve for any other purposes of 
public convenience, utility, health or enjoyment ; and all tracts or parcels of* land so 
reserved are to be speciall}' distinguished in the Charts before mentioned. 

Thirty-second. It is Our will and pleasure to reserve to you the granting of Licenses 
for Marriages, Letters of Administration and probates of Wills, as heretofore exercised 
by your predecessors, and also to reserve to you, and to all others to whom it may 
lawfully belong, the patronage and right of presentation to benefices : but it is Our 
Will and pleasure that the person so presented shall be instituted by the Bishop or his 
Commissary duly authorized by him. 

Thirty-third. And whereasyou will receive through one of Our Principal Secretariesof 
a book of tables in blank (commonly called the " Blue Book,") to be annually filled State 
up with certain returns relative to the revenue and expenditure, militia, public works. 
Legislation Civil Establishment, pensions, population. Schools, course of exchange, 
imports and exports, agricultural produce, manufactures and other matters in the said 
" Blue Book" more particularly specified, with reference to the state and condition of 
Our said Province of Canada : Now We do hereby signify Our pleasure, that all such 
returns be accurately prepared and punctually transmitted to Us through one of Our 
Principal Secretaries of State. 

Thirty-fourth. If anything shall happen which may be of advantage or security to Our 
said Province under your Government, which is not herein or by Our Commission provided 
• 18—9* 



130 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

for, We do hereby allow unto you, with the advice and consent of Our said Executive 
Council, to take order for the present therein ; provided nevertheless that what shall be 
done be not repugnant to Our Commission and instructions, and to the said Acts passed 
in the fourteenth and thirty first years of the reign of His late Majesty King George 
the Third, and in the fourth year of our reign, giving unto Us, through one of Our 
Principal Secretaries of State, speedy notice thereof, that you may receive Our ratifica- 
tion if We approve the same. 

Thirty-fifth. And you are upon all occasions to sead to Us, through one of Our Prin- 
cipal Secretaries of State, a particular account of all your proceedings, and of the condition 
of affairs within your Government. 

Thirty-sixth. And whereas great prejudice may happen to Our service and to the 
security of the said Province by the absence of the Governor you shall not, upon any 
pretence whatever, quit the said colony without having first obtained leave from Us for 
so doing, under Our Sign Manual or Signet, or through one of Our Principal Secretaries 
of State. 

V. R. 
VICTORIA R. 
Viscount Monk 

Instructions 
Canada. 

^ jg . Instructions to Our Right Trusty and Wellbeloved Cousin, 

'"' '^ o Charles Stanley Viscount Monck, Our Captain General and 

cf ■© ^ Governor in Chief in and over Our Province of Canada, or 

ce ^ '^ in his absence to Our Lieutenant Governor or the Officer 

ts ^ 'c Administering the Government of Our said Province for the 

o ^ time being. Given at Windsor this second day of Novem- 

O >^1 ber, 1861, in the Twenty-fifth year of Our Reign. 

I. Whereas by Our Commission under the Great Seal of Our United Kingdom 
of Great Britain and Ireland, bearing even date herewith, We have constituted and 
appointed you, the said Charles Stanley Viscount Monck, to be during Our pleasure 
Our Captain General and Governor in Chief in and over Our Province of Canada : And 
whereas We have thereby authorized, empowered, required and commanded you, in due 
manner to do and execute all things that shall belong to your .said command, and the 
trust We have reposed in you according to the several powers, provisions, and directions 
granted or appointed you by virtue of Our said Commission, and of a certain Act 
of Parliament made and passed in the fourth year of Our Reign intituled " An Act to 
" re-unite the Provinces of Upper and Lower Canada, and for the Government of Can- 
ada," according to such Instructions as should be therewith given to you, and according 
to such other Instructions and Laws as therein are mentioned : And whereas it is by 
the said recited Act, amongst other things enacted that all powers and authorities 
expressed therein to be given to the Governor of the Province of Canada, shall be exer- 
cised by such Governor in conformity with and subject to such Orders, instructions and 
directions, as We shall from time to time see fit to make or issue : Now therefore We 
do hereby, in pursuance of the said Act of Parliament, and of all other powers in Us 
in that behalf vested, make and issue these Our Instructions for your guidance, in the 
exercise of the powers and authorities vested in you by the said Act of Parliament and 
by Our said Commission. 

By these Our Instructions, under Our Sign Manual and Signet, so referred to in and 
accompanying Our said Commission, We do declare Our Will and pleasure to be that 
you, as soon as may be after the publication of Our said Commission, do take the Oath 
appointed to be taken by an Act passed in the twenty first and twenty second year 
of Our Reign intituled " An Act to substitute one Oath for the Oaths of Allegiance, 



INSTRUCTIONS TO GOVERNORS 131 

SESSIONAL PAPER No. 18 

''Supremacy, and abjuration, and for the relief of Her Majesty's subjects professing the 
"Jewish Religion ;" and likewise that you take the usual Oath for the due execution 
and performance of the office and trust of Our Captain General and Governor in Chief 
of Our said province of Canada, and for the due and impartial administration of justice ; 
which said Oaths the Chief Justice aud Puisne Judges of Our Supreme Courts of Record 
of Upper and Lower Canada, or any three or more of them have hereby full power and 
authority and are required to tender and administer unto you. 

II. And We do hereby give and grant unto you full power and authority from time 
to time, and at any time hereafter by yourself, or by any other person to be authorized 
by you in that behalf, to administer to all and every person or persons as you shall think 
fit, who shall hold any office or place of trust or profit, or who shall at any time or times 
pass into Our said province of Canada, or who shall be resident or abiding therein, the 
Oath commonly called the Oath of Allegiance, together with such other Oath or Oaths 
as may from time to time be prescribed by any laws or statutes in that behalf made and 
provided. 

III. And to the end that Our said Executive Council may be assisting to you in all 
affairs relating to Our service, you are to communicate to them these Our Instructions, 
and any additional Instructions which may be in like manner hereafter given to you 
by Us. 

lY. And We do hereby declare that it is Our pleasure that Our said Council shall 
not proceed to the despatch of business unless duly summoned by your Authority, nor 
unless one third of the Members of the said Council be present and assisting at any 
meetings at which any such business shall be dispatched. And We do further direct 
that if in any case you see sufficient cause to dissent from the opinion of the major part 
or of the whole of (.^ur said Executive Council, upon any question brought by you under 
their consideration, it shall be competent to you upon any such occasion to execute the 
powers and authorities vested in you by Our said Commission, and by these Our Instruc- 
tions, in opposition to such their opinions ; it being, nevertheless, Our pleasure that in" 
every case it shall be competent to any Member of Our said Council to record at length, 
on the Minutes of Our said Council, the grounds and reasons of any advice or opinion 
he may give upon any question brought under the consideration of such Council. 

V. And it is Our pleasure, and you are hereby authorized, to appoint by an Instru- 
ment under the Great Seal of the Province, one Member of Our said Executive Council 
to preside in your absence, and to remove him and appoint another in his stead. And 
if during your absence the Member so appointed shall also be absent, then the senior 
Member of the Council actually present shall preside, the seniority of the ^I embers of the 
said Council being regulated according to the order of their respective appointments. 

VI. And We do further direct and command that a full and exact Journal or Minute 
be kept of all the deliberations, acts, proceedings, votes, and resolutions of Our said 
Executive Council ; and that at each Meeting of the said Council the minutes of the last 
preceding meeting shall be read over, confirmed, or amended, as the case may require 
before proceeding to the dispatch of any other business. 

VII. And for the execution of so much of the powers vested in you by Our said 
Commission, and by virtue of the said Act passed in the fourth year of Our Reign as 
aforesaid, as relates to the declaring that you assent in Our name to Bills passed by the 
Legislative Council and House of Assembly or that you withhold Our assent therefrom, 
or that you reserve such Bills for the signification of Our Royal pleasure thereon, it is 
Our will and pleasure that you do carefully observe the following rules, directions and 
instructions, viz. : that each different matter be provided for by a different law, without 
including in one and the same Act such things as have no proper relation to each other, 
that no Clause be inserted in any Act which shall be foreign to what the title of it 
imports ; and that no perpetual Clause be part of any temporary law. 

VIII. When any Bill is presented to you for Our assent of either of the Classes here- 
inafter specified, you shall (unless you shall think proper to withhold Our assent from 
the same) reserve the same for the signification of Our pleasure thereon; subject, neverthe- 
less, to your discretion, in case you should be of opinion that an urgent necessity exists, 
requiring that such Bill l)e brought into immediate operation, in which case you are 

18-^91* 



132 CANADIAN ARCHIVES 

5-6 EDWARD VII., A. 1906 

authorized to assent to such Bill in Our name, transmitting to Us Vjy the eaVliest 
opportunity the Bill so assented to, together with your reasons for assenting thereto ; 
that is to say : — 

1. Any Bill for the divorce of persons joined together in holy matrimony. 

2. Any Bill whereby any grant of land or money, or other donation or gratuity may 
be made to yourself. 

3. Any Bill whereby any paper or other currency may be made a legal tender, 
except the coin of the realm or other gold or silver coin. 

4. Any Bill imposing dift'erential duties. 

5. Any Bill, the provisions of which shall appear inconsistent with obligations 
imposed upon Us by Treaty. 

6. Any B